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

RAJA IBRAR HUSSAIN 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 demonstrate any error of law, procedural unfairness or irrationality in the Board's decisions and lacked a reasonable prospect of success; the Board had considered the merits and applied the correct legal principles.

Source-derived case information.

Citation
[2020] HKCFI 1111
Parties
Applicant: Raja Ibrar Hussain; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2020
Case Number
HCAL1753/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused (notification of Judge's Decision)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Refugee Protection, Judicial Review, Internal Relocation, Extension of Time
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Refugee Protection Judicial Review +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Raja Ibrar Hussain

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Refused (notification of Judge's Decision)

Legal Issues

  1. 1 Whether the Board made an error of law or procedural unfairness justifying judicial review
  2. 2 Whether the applicant has a substantial/prospective ground amounting to a reasonable prospect of success for leave
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's decisions and lacked a reasonable prospect of success; the Board had considered the merits and applied the correct legal principles.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for Judicial Review refused.
  • The applicant's application is dismissed.