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

PRIHATIN 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 legal error, procedural unfairness or irrationality in the Board's decision and therefore had no realistic prospect of success; the Board's findings as to lack of substantiation, availability of state protection and viability of internal relocation were reasonable and not Wednesbury unreasonable.

Citation
[2021] HKCFI 3773
Parties
Applicant: Prihatin; 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
16 December 2021
Case Number
HCAL502/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment, Judicial Review, Leave to Apply for Judicial Review, State Protection, Internal Relocation, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment +6 more

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Parties

Prihatin

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 / Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether the Board erred in law or committed procedural unfairness in rejecting the non-refoulement/torture claim
  2. 2 Whether there were substantial grounds to believe the applicant faced risk of torture or death on return
  3. 3 Whether effective state protection and internal relocation were available

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Board's decision and therefore had no realistic prospect of success; the Board's findings as to lack of substantiation, availability of state protection and viability of internal relocation were reasonable and not Wednesbury unreasonable.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.