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

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

Leave was refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility finding was supported by the evidence and the COI showed viable internal relocation and availability of protection, so there was no prospect of success on judicial review.

Citation
[2019] HKCFI 1009
Parties
Applicant: Rashid Khan; Putative Respondent: Torture Claims Appeal Board/Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2019
Case Number
HCAL131/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused at Threshold
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Internal Relocation +2 more

Case Brief

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rashid Khan

Applicant

Torture Claims Appeal Board/Non-Refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused at Threshold

Legal Issues

  1. 1 Whether the Board erred in law in its credibility findings
  2. 2 Whether state acquiescence or extended state acquiescence was considered
  3. 3 Whether the Board failed to investigate or properly weigh Country of Origin Information (COI)

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility finding was supported by the evidence and the COI showed viable internal relocation and availability of protection, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.