RIZWAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

RIZWAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave refused because the Applicant failed to demonstrate any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s adverse credibility finding was a permissible evaluative judgment supported by detailed reasons and oral evidence, and available internal relocation rendered the claim unsustainable, so no prospect of success on judicial review existed.

Citation
[2020] HKCFI 2586
Parties
Applicant: Rizwan Muhammad; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 2020
Case Number
HCAL809/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Internal Relocation, Credibility Findings, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Refugee and Non Refoulement Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture) Internal Relocation +2 more

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Parties

Rizwan Muhammad

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and the Board erred in law or acted with procedural unfairness in rejecting the non-refoulement claim
  2. 2 Whether the Board’s adverse credibility finding was reasonably arguable and susceptible to judicial review
  3. 3 Whether internal relocation in Pakistan was reasonably available and made the claim unsustainable

Ratio Decidendi

Leave refused because the Applicant failed to demonstrate any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s adverse credibility finding was a permissible evaluative judgment supported by detailed reasons and oral evidence, and available internal relocation rendered the claim unsustainable, so no prospect of success on judicial review existed.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.