RAZA AHMED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

RAZA AHMED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The court held that the Director and the Adjudicator conducted a proper and lawful assessment, found reasonable internal relocation within Pakistan (Hyderabad) and absence of state instigation/acquiescence or real risk warranting non-refoulement protection; their decisions were not Wednesbury unreasonable and there was no procedural unfairness, therefore leave for judicial review was refused.

Citation
[2018] HKCFI 1067
Parties
Applicant: RAZA Ahmed; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2018
Case Number
HCAL796/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Hearing — Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Internal Relocation, Procedural Fairness, Wednesbury Unreasonableness, Torture/cat Protection, Leave to Apply for Judicial Review, Delay and Adjournment
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Non Refoulement Law Internal Relocation Procedural Fairness Wednesbury Unreasonableness +3 more

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Parties

RAZA Ahmed

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Hearing — Leave Refused

Legal Issues

  1. 1 Whether the Director erred in assessing risk of torture/persecution/CIDTP/life risk
  2. 2 Whether the Adjudicator failed to make sufficient inquiry or denied opportunity to adduce evidence
  3. 3 Whether state acquiescence or state involvement was established

Ratio Decidendi

The court held that the Director and the Adjudicator conducted a proper and lawful assessment, found reasonable internal relocation within Pakistan (Hyderabad) and absence of state instigation/acquiescence or real risk warranting non-refoulement protection; their decisions were not Wednesbury unreasonable and there was no procedural unfairness, therefore leave for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused
  • Application for adjournment refused