BEGUM MST SINTHIA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BEGUM MST SINTHIA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave denied because applicants failed to particularize grounds or show procedural unfairness or error of law; the Director and Board reasonably found no substantial grounds of real risk given absence of past ill-treatment, transfer of title, availability of state protection and reasonable internal relocation, and therefore there was no prospect of success.

Citation
[2019] HKCFI 1037
Parties
1st Applicant: Begum Mst Sinthia; 2nd Applicant: Zaheer Jannatul Ferdaus; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2019
Case Number
HCAL651/2018
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Procedural Fairness, Internal Relocation, Judicial Review Leave, Hong Kong Bill of Rights
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Procedural Fairness Internal Relocation +2 more

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Parties

Begum Mst Sinthia

1st Applicant

Zaheer Jannatul Ferdaus

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the adjudicator unlawfully fettered his discretion or acted with procedural unfairness
  3. 3 Whether the Board relied on unreliable or outdated COI or hearsay

Ratio Decidendi

Leave denied because applicants failed to particularize grounds or show procedural unfairness or error of law; the Director and Board reasonably found no substantial grounds of real risk given absence of past ill-treatment, transfer of title, availability of state protection and reasonable internal relocation, and therefore there was no prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.