MONA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

MONA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

The Director and the TCAB lawfully and rationally found the applicant did not demonstrate severe pain or suffering amounting to torture, did not show a real risk of CIDTP or persecution, and that state protection and internal relocation were available; there was no error of law or procedural unfairness and the application for leave to apply for judicial review had no realistic prospect of success, therefore leave was refused.

Citation
[2018] HKCFI 808
Parties
Applicant: Mona; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 April 2018
Case Number
HCAL362/2017
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, CIDTP (article 3 Bor), Right to Life (article 2 Bor), Persecution (refugee Convention), State Protection, Internal Relocation, Judicial Review Wednesbury/unreasonableness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Refugee Law Criminal Procedure (investigative Failure/state Acquiescence) Non Refoulement Torture Risk +7 more

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Parties

Mona

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Leave Refused

Legal Issues

  1. 1 Whether applicant faces a real risk of torture if returned to Bangladesh
  2. 2 Whether applicant faces CIDTP contrary to BOR s8 Art 3/ICCPR Art 7
  3. 3 Whether applicant faces persecution for purposes of the 1951 Refugee Convention

Ratio Decidendi

The Director and the TCAB lawfully and rationally found the applicant did not demonstrate severe pain or suffering amounting to torture, did not show a real risk of CIDTP or persecution, and that state protection and internal relocation were available; there was no error of law or procedural unfairness and the application for leave to apply for judicial review had no realistic prospect of success, therefore leave was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.