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

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

Leave was refused because the court found no error of law, no procedural unfairness and no Wednesbury unreasonable or irrational findings by the Board; the applicant lacked a realistic prospect of success on judicial review given the Board’s adverse credibility findings and the availability of state protection and internal relocation.

Citation
[2022] HKCFI 955
Parties
Applicant: Mollah Amin; 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
12 April 2022
Case Number
HCAL485/2019
Procedural Posture
Judicial Review Leave Application / Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Risk of Torture/cidtp, Persecution Under Refugee Convention, Credibility Assessment, Procedural Fairness, Leave to Apply for Judicial Review, Internal Relocation, State Protection
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Public Law Non Refoulement Risk of Torture/cidtp +6 more

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Parties

Mollah Amin

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Refused

Legal Issues

  1. 1 Whether the Board and Director erred in law or committed procedural unfairness in refusing non-refoulement/torture claims
  2. 2 Whether the Board's adverse credibility findings were Wednesbury unreasonable or irrational
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

Leave was refused because the court found no error of law, no procedural unfairness and no Wednesbury unreasonable or irrational findings by the Board; the applicant lacked a realistic prospect of success on judicial review given the Board’s adverse credibility findings and the availability of state protection and internal relocation.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application for leave dismissed