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

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

Applicant failed to discharge the burden of proving substantial grounds for a real risk of torture or other proscribed treatment; the Board was entitled to rely on the Director's reasoned decision, properly considered state protection and internal relocation, and did not commit procedural unfairness or legal error...

Source-derived case information.

Citation
[2021] HKCFI 1586
Parties
Applicant: RM (anonymous applicant); Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2021
Case Number
HCAL1444/2019
Procedural Posture
Application for Leave to Apply for Judicial Review of Administrative Decision (non Refoulement/torture Claim) / Leave Application Refused (decision on Application for Leave)
Outcome
Leave to apply for judicial review refused; application dismissed; procedural orders made
Legal Topics
Non Refoulement, Torture/cat, Internal Relocation, State Protection, Procedural Fairness, Judicial Review, Leave to Apply
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture/cat Internal Relocation State Protection +3 more

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Parties

RM (anonymous applicant)

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review of Administrative Decision (non Refoulement/torture Claim) / Leave Application Refused (decision on Application for Leave)

Legal Issues

  1. 1 Whether the Board erred in refusing an oral hearing
  2. 2 Whether the Board/adjudicator failed to observe duty of joint endeavour to assist the applicant and obtain corroborative COI
  3. 3 Whether adequate reasons were given to enable review

Ratio Decidendi

Applicant failed to discharge the burden of proving substantial grounds for a real risk of torture or other proscribed treatment; the Board was entitled to rely on the Director's reasoned decision, properly considered state protection and internal relocation, and did not commit procedural unfairness or legal error in determining the appeal on paper, therefore there was no reasonable prospect of success and leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed; procedural orders made

Orders

  • Leave to apply for judicial review refused and application dismissed
  • Leave granted to re-amend Form 86 and to file the applicant's 3rd affidavit with exhibits