NOUMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NOUMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The adjudicator's detailed credibility findings were justified on the evidence; there was no error of law or procedural unfairness, and the applicant failed to establish a realistic prospect of success on claims of torture, CIDTP, persecution or risk to life; accordingly leave to apply for judicial review is refused.

Source-derived case information.

Citation
[2018] HKCFI 678
Parties
Applicant: Nouman Muhammad; 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
29 March 2018
Case Number
HCAL412/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (decision)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cat, Convention Against Torture, Hong Kong Bill of Rights (articles 2 and 3), Refugee Status / Persecution, Credibility Findings, Internal Relocation, State Protection, Judicial Review Standard (leave), Wednesbury Unreasonableness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cat Convention Against Torture Hong Kong Bill of Rights (articles 2 and 3) +6 more

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Parties

Nouman Muhammad

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 / Leave Application Refused (decision)

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture as defined in section 37U Immigration Ordinance / CAT
  2. 2 Whether the applicant faces CIDTP contrary to BOR Article 3 / ICCPR Article 7
  3. 3 Whether the applicant has a well-founded fear of persecution under the 1951 Refugee Convention

Ratio Decidendi

The adjudicator's detailed credibility findings were justified on the evidence; there was no error of law or procedural unfairness, and the applicant failed to establish a realistic prospect of success on claims of torture, CIDTP, persecution or risk to life; accordingly leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (29 March 2018)