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

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

Leave for judicial review was refused because the court found no arguable error of law, unreasonableness or procedural unfairness in the Director's or Adjudicator's decisions; their factual findings that there was no real personal risk were open to them and the applicant had no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 1722
Parties
Applicant: Nuruzzaman Mohammad; 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
10 August 2018
Case Number
HCAL782/2017
Procedural Posture
Judicial Review (leave Application) / Leave Application Considered on Papers; Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture and Ill Treatment, Right to Life (bor 2), Prohibition of Torture (bor 3), Persecution (refugee Convention), Judicial Review Leave, Procedural Fairness, Standard of Proof
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture and Ill Treatment Right to Life (bor 2) +5 more

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Parties

Nuruzzaman Mohammad

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Considered on Papers; Refused

Legal Issues

  1. 1 Whether the Director of Immigration and the TCAB Adjudicator committed error of law or procedure when rejecting the non-refoulement claim
  2. 2 Whether the decisions were unreasonable or unfair such that leave for judicial review should be granted
  3. 3 Whether there was a real personal risk of torture, cruel, inhuman or degrading treatment, persecution or arbitrary deprivation of life if the applicant were returned

Ratio Decidendi

Leave for judicial review was refused because the court found no arguable error of law, unreasonableness or procedural unfairness in the Director's or Adjudicator's decisions; their factual findings that there was no real personal risk were open to them and the applicant had no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.