RAZI AHMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RAZI AHMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review is refused because the applicant has not shown any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility finding was properly based on inconsistent evidence; no reliable evidence of police pursuit existed; and internal relocation in India made non-refoulement protection unjustified, so there is no prospect of success.

Citation
[2020] HKCFI 182
Parties
Applicant: Razi Ahmad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2020
Case Number
HCAL1482/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Procedural Fairness, Credibility Assessment, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Procedural Fairness Credibility Assessment +1 more

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Parties

Razi Ahmad

Applicant

Torture Claims Appeal Board

Putative Respondent

The Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board unlawfully fettered its discretion or acted with procedural unfairness
  2. 2 Whether the adjudicator treated the self-represented applicant with insufficient care
  3. 3 Whether the Board relied on inadmissible or unreliable COI

Ratio Decidendi

Leave to apply for judicial review is refused because the applicant has not shown any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility finding was properly based on inconsistent evidence; no reliable evidence of police pursuit existed; and internal relocation in India made non-refoulement protection unjustified, so there is no prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.