MOHAMED NASEER MOHAMED ASMI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MOHAMED NASEER MOHAMED ASMI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the Board's adverse credibility findings and consequential conclusions that there was no real risk of proscribed ill-treatment, that state protection and internal relocation were available, and that minors' claims were properly considered, were reasonably open on the evidence and disclosed no error of law, irrationality or procedural unfairness; therefore no arguable ground for judicial review existed.

Citation
[2021] HKCFI 966
Parties
1st Applicant: Mohamed Naseer Mohamed Asmi; 2nd Applicant: Suliha Rebun; 3rd Applicant: Mohamed Shaid; 4th Applicant: Mohamed Shoaib Asmi; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2021
Case Number
HCAL1406/2018
Procedural Posture
Application for Leave to Apply for Judicial Review in Non Refoulement Proceedings / Leave Application Refused (considered on Papers)
Outcome
Leave to apply for judicial review refused for all four applicants
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Credibility Assessment, State Protection, Internal Relocation, Minor Specific Protection
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Leave to Apply for Judicial Review Credibility Assessment State Protection +2 more

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Parties

Mohamed Naseer Mohamed Asmi

1st Applicant

Suliha Rebun

2nd Applicant

Mohamed Shaid

3rd Applicant

Mohamed Shoaib Asmi

4th Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review in Non Refoulement Proceedings / Leave Application Refused (considered on Papers)

Legal Issues

  1. 1 Whether the Board erred in its credibility findings
  2. 2 Whether there were substantial grounds to believe a real risk of proscribed ill-treatment on return (non-refoulement)
  3. 3 Whether effective state protection was available

Ratio Decidendi

Leave was refused because the Board's adverse credibility findings and consequential conclusions that there was no real risk of proscribed ill-treatment, that state protection and internal relocation were available, and that minors' claims were properly considered, were reasonably open on the evidence and disclosed no error of law, irrationality or procedural unfairness; therefore no arguable ground for judicial review existed.

Court Disposition

Leave to apply for judicial review refused for all four applicants

Orders

  • Form 86 amended to add Suliha Rebun as 2nd applicant, Mohamed Shaid as 3rd applicant and Mohamed Shoaib Asmi as 4th applicant
  • Leave to apply for judicial review refused for the 1st to 4th applicants