MOHAMMED NAVEED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MOHAMMED NAVEED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Applicant provided no specific particulars to support allegations of procedural unfairness; the Adjudicator held an oral hearing, properly applied the law, considered the Applicant's evidence, pointed out issues and afforded adequate opportunity including to the self‑represented Applicant; accordingly there was no procedural unfairness and the proposed judicial review had no real prospect of success, so leave was refused.

Citation
[2018] HKCFI 623
Parties
Applicant: Mohammed Naveed; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2018
Case Number
HCAL604/2017
Procedural Posture
Judicial Review — Application for Leave / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non‑refoulement, Procedural Fairness, Unreasonableness, Leave to Apply for Judicial Review, Duty to Self‑represented Litigants
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non‑refoulement Procedural Fairness Unreasonableness Leave to Apply for Judicial Review Duty to Self‑represented Litigants

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Parties

Mohammed Naveed

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Judicial Review — Application for Leave / Leave Application (refused)

Legal Issues

  1. 1 Whether the Adjudicator breached procedural fairness in the hearing of the non‑refoulement claim
  2. 2 Whether the Adjudicator wrongly exercised discretion or made an unreasonable/irrational decision in public law sense
  3. 3 Whether the greater care/duty owed to a self‑represented claimant was breached

Ratio Decidendi

The Applicant provided no specific particulars to support allegations of procedural unfairness; the Adjudicator held an oral hearing, properly applied the law, considered the Applicant's evidence, pointed out issues and afforded adequate opportunity including to the self‑represented Applicant; accordingly there was no procedural unfairness and the proposed judicial review had no real prospect of success, so leave was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review is refused.