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

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

Leave to apply for judicial review was refused because the Adjudicator conducted a proper rehearing, had a legitimate basis for the adverse credibility finding (a major discrepancy), considered relevant COI, lawfully concluded state protection and internal relocation were available, and the decision was not Wednesbury-unreasonable nor infected by error of law or procedural unfairness; the Applicant's complaints were not reasonably arguable and had no realistic prospect of success.

Citation
[2019] HKCFI 1575
Parties
Applicant: Rahaman Emran; 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
18 June 2019
Case Number
HCAL636/2018
Procedural Posture
Judicial Review Leave Application (non Refoulement) / Application for Leave to Apply for Judicial Review (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk (cat), Persecution Risk (refugee Convention), Breach of Right to Life (bor2), Cruel, Inhuman or Degrading Treatment (bor3), Credibility Findings, Internal Relocation, Procedural Fairness, Standard of Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Asylum and Non Refoulement Non Refoulement Torture Risk (cat) Persecution Risk (refugee Convention) +6 more

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Parties

Rahaman Emran

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application (non Refoulement) / Application for Leave to Apply for Judicial Review (refused)

Legal Issues

  1. 1 Whether the Adjudicator failed to consider the Applicant's evidence and relied improperly on discrepancies
  2. 2 Whether the appeal was treated as a re-hearing and the Board usurped or abdicated its role
  3. 3 Whether relevant country-of-origin information was considered

Ratio Decidendi

Leave to apply for judicial review was refused because the Adjudicator conducted a proper rehearing, had a legitimate basis for the adverse credibility finding (a major discrepancy), considered relevant COI, lawfully concluded state protection and internal relocation were available, and the decision was not Wednesbury-unreasonable nor infected by error of law or procedural unfairness; the Applicant's complaints were not reasonably arguable and had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.