MUHAMMAD NABEEL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MUHAMMAD NABEEL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's findings that the risk was localized, police protection and internal relocation were available, and the applicant's failure to...

Source-derived case information.

Citation
[2020] HKCFI 2241
Parties
Applicant: Muhammad Nabeel; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2020
Case Number
HCAL693/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Judicial Review Leave
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Procedural Fairness +1 more

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Parties

Muhammad Nabeel

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)

Legal Issues

  1. 1 Whether the Board erred in law or acted unfairly in dismissing the applicant's non-refoulement claim
  2. 2 Whether the applicant faces a real risk of torture or breaches of Articles 2 or 3 of the Hong Kong Bill of Rights if returned to Pakistan
  3. 3 Whether internal relocation within Pakistan is a reasonable alternative negating protection

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's findings that the risk was localized, police protection and internal relocation were available, and the applicant's failure to give oral evidence meant there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.