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

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

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator conducted a fair rehearing, applied the law correctly and made findings open on the evidence, and the Director's decision is not reviewable once the TCAB has reheard the appeal.

Citation
[2020] HKCFI 1148
Parties
Applicant: Nuruzzaman; 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
9 June 2020
Case Number
HCAL207/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Consideration on the Papers (leave Application)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBORO, Article 2 HKBORO, 1951 Refugee Convention Article 33, Judicial Review, Procedural Fairness, Torture Claims Appeal Board Rehearing
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Refugee Law Non Refoulement Torture Risk Article 3 HKBORO +5 more

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Parties

Nuruzzaman

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 / Consideration on the Papers (leave Application)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Adjudicator and Director acted unlawfully, unreasonably or unfairly
  3. 3 Whether the Director's decision is susceptible to judicial review after an appeal treated as a rehearing by the TCAB

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator conducted a fair rehearing, applied the law correctly and made findings open on the evidence, and the Director's decision is not reviewable once the TCAB has reheard the appeal.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.