MOHAMMED KALIMUDDIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MOHAMMED KALIMUDDIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any reasonably arguable claim of illegality, unreasonableness or procedural unfairness: the Director and Adjudicator lawfully and reasonably considered the claims (including BOR2), the Applicant suffered no prejudice from the absence of legal aid or interpreter, and any BOR2 claim lacked merit and was not reasonably arguable.

Citation
[2018] HKCFI 2012
Parties
Applicant: Mohammed Kalimuddin; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 2018
Case Number
HCAL335/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Refused (considered on Papers)
Outcome
Leave to apply for Judicial Review refused.
Legal Topics
Non Refoulement, Torture Risk, BOR2 (right to Life), BOR3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment or Punishment), Legal Aid, Interpreter Assistance, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk BOR2 (right to Life) BOR3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment or Punishment) +4 more

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Parties

Mohammed Kalimuddin

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Refused (considered on Papers)

Legal Issues

  1. 1 Whether the Director and the Adjudicator acted unlawfully, unreasonably or unfairly in assessing the non-refoulement/BOR2 claim
  2. 2 Whether the Applicant was denied procedural fairness by not being asked to make further submissions in respect of BOR2
  3. 3 Whether the Applicant was prejudiced by refusal of legal aid or lack of legal representation or interpreter before the TCAB

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any reasonably arguable claim of illegality, unreasonableness or procedural unfairness: the Director and Adjudicator lawfully and reasonably considered the claims (including BOR2), the Applicant suffered no prejudice from the absence of legal aid or interpreter, and any BOR2 claim lacked merit and was not reasonably arguable.

Court Disposition

Leave to apply for Judicial Review refused.

Orders

  • Leave to apply for Judicial Review refused.