REZAUL MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

REZAUL MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant's grounds were broad, vague and lacking particulars and not reasonably arguable; no error of law, procedural unfairness or irrationality was identified in the Director's or Board's decisions; the Board's adverse credibility finding was supported by the oral hearing and documentation; and any risk was localized with reasonable internal relocation and state protection available, so there was no prospect of success on judicial review.

Citation
[2022] HKCFI 3811
Parties
Applicant: Rezaul Mohammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 December 2022
Case Number
HCAL155/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused After Consideration of Documents With Applicant Absent in Open Court
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), Hong Kong Bill of Rights (articles 2 and 3), State Protection, Internal Relocation, Credibility Findings, Procedural Fairness, Leave for Judicial Review, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum/non Refoulement Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) Hong Kong Bill of Rights (articles 2 and 3) +6 more

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Parties

Rezaul Mohammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused After Consideration of Documents With Applicant Absent in Open Court

Legal Issues

  1. 1 Whether the Board/Director misdirected the law by requiring past torture to infer future risk
  2. 2 Whether the Board failed to obtain or consider relevant and up-to-date Country of Origin Information (COI)
  3. 3 Whether the Board irrationally cherry-picked COI or gave weight to irrelevant COI

Ratio Decidendi

Leave refused because the applicant's grounds were broad, vague and lacking particulars and not reasonably arguable; no error of law, procedural unfairness or irrationality was identified in the Director's or Board's decisions; the Board's adverse credibility finding was supported by the oral hearing and documentation; and any risk was localized with reasonable internal relocation and state protection available, 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