ALAYA AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

ALAYA AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave was refused because the Director and the Board made careful, reasoned findings that the alleged risks were localized or implausible, internal relocation in Bangladesh was a reasonable alternative, and no legal error, irrationality or procedural unfairness was demonstrated such that there was no prospect of success on judicial review.

Citation
[2019] HKCFI 358
Parties
1st Applicant: Alaya; 2nd Applicant: Jakir Anas Pool; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 2019
Case Number
HCAL865/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused After Consideration of Documents
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, HKBOR Articles 2 and 3, Internal Relocation, Judicial Review Standards
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk HKBOR Articles 2 and 3 Internal Relocation +1 more

Case Brief

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Parties

Alaya

1st Applicant

Jakir Anas Pool

2nd Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Refused After Consideration of Documents

Legal Issues

  1. 1 Whether there is any arguable legal error or procedural unfairness in the Director's and Board's rejection of the non-refoulement claim
  2. 2 Whether the risk alleged is of a kind that engages torture/HKBOR Articles 2 or 3 or the Refugee Convention non-refoulement standard
  3. 3 Whether internal relocation in Bangladesh is a reasonable alternative that negates the risk

Ratio Decidendi

Leave was refused because the Director and the Board made careful, reasoned findings that the alleged risks were localized or implausible, internal relocation in Bangladesh was a reasonable alternative, and no legal error, irrationality or procedural unfairness was demonstrated such that 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