MTANGI EMILY MOSSES v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

MTANGI EMILY MOSSES v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board reasonably applied HJ and HT and correctly assessed credibility and internal relocation, leaving no realistic prospect of success on judicial review.

Source-derived case information.

Citation
[2020] HKCFI 790
Parties
Applicant: Mtangi Emily Mosses; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2020
Case Number
HCAL324/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture and Ill Treatment (article 3 Hkbor), Right to Life (article 2 Hkbor), Credibility Assessment, Internal Relocation, Judicial Review Standards, HJ and HT Discreet Lifestyle Test
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Asylum and Refugee Law Non Refoulement Torture and Ill Treatment (article 3 Hkbor) Right to Life (article 2 Hkbor) +4 more

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Parties

Mtangi Emily Mosses

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether there is an arguable error of law or procedural unfairness in the Director's and Board's decisions
  2. 2 Whether the applicant faces a real risk of harm on return to Tanzania for her sexual orientation
  3. 3 Whether internal relocation in Tanzania is a viable alternative

Ratio Decidendi

Leave refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board reasonably applied HJ and HT and correctly assessed credibility and internal relocation, leaving 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