MOHSIN KHAN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

MOHSIN KHAN v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

Leave was refused because the Applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's findings that the risk was localized, state protection and internal relocation were available, and therefore there was no realistic prospect of success on judicial review.

Citation
[2021] HKCFI 1198
Parties
Applicant: Mohsin Khan; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2021
Case Number
HCAL1466/2018
Procedural Posture
Judicial Review (leave to Apply) — Non‑refoulement/torture Claim / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non‑refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness, Risk Assessment
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Non‑refoulement Torture Risk Internal Relocation Judicial Review Leave +2 more

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Parties

Mohsin Khan

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) — Non‑refoulement/torture Claim / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and the Board erred in law or acted irrationally in rejecting the Applicant's non‑refoulement/torture claim
  2. 2 Whether state protection was unavailable or ineffective
  3. 3 Whether internal relocation within Pakistan was unreasonable or unduly harsh for the Applicant

Ratio Decidendi

Leave was refused because the Applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's findings that the risk was localized, state protection and internal relocation were available, and therefore there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.