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

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

Leave refused because the applicant's grounds were broad, vague and unparticularised and did not disclose any arguable legal error; the Director and Board had properly and lawfully assessed the risk (low intensity, remote incidents, availability of state protection and reasonable internal relocation) and there was no prospect of success on judicial review.

Citation
[2021] HKCFI 3484
Parties
Applicant: Mutmainah; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2021
Case Number
HCAL90/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Asylum, Torture/cidtp, Internal Relocation, Procedural Fairness, Judicial Review Leave
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Asylum Torture/cidtp Internal Relocation +2 more

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Parties

Mutmainah

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture) / Leave Application (refused)

Legal Issues

  1. 1 Whether the Board and Director erred in law or committed procedural unfairness in assessing non-refoulement/Torture risk
  2. 2 Whether the Board failed to conduct adequate inquiry into the applicant's claim and relevant country information (COI)
  3. 3 Whether the Board failed to give reasons for assessment under BOR Article 3 (BOR 3)

Ratio Decidendi

Leave refused because the applicant's grounds were broad, vague and unparticularised and did not disclose any arguable legal error; the Director and Board had properly and lawfully assessed the risk (low intensity, remote incidents, availability of state protection and reasonable internal relocation) and 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.