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

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

Leave to apply for judicial review was refused because the adjudicator lawfully and adequately considered the evidence and country of origin information, gave reasons rejecting torture/BOR/persecution claims, correctly found threats were private loan disputes not persecution, state protection and internal relocation were viable, there was no procedural unfairness or error of law, and the claim had no realistic prospect of success.

Citation
[2019] HKCFI 779
Parties
Applicant: Robbiah; 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
20 May 2019
Case Number
HCAL873/2018
Procedural Posture
Judicial Review (leave to Apply) / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Article 3 BOR (cidtp), Article 2 BOR (right to Life), Persecution Under Refugee Convention, Wednesbury Unreasonableness, Country of Origin Information, Internal Relocation, Procedural Fairness, Mental Distress Consideration
Source Language
EN
Immigration Law Constitutional Law Administrative Law Refugee Law Human Rights Law Non Refoulement Torture Risk Article 3 BOR (cidtp) +7 more

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Parties

Robbiah

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the adjudicator erred in law in rejecting non-refoulement/torture/BOR/persecution claims
  3. 3 Whether the decision-makers failed to conduct sufficient inquiry into country of origin information

Ratio Decidendi

Leave to apply for judicial review was refused because the adjudicator lawfully and adequately considered the evidence and country of origin information, gave reasons rejecting torture/BOR/persecution claims, correctly found threats were private loan disputes not persecution, state protection and internal relocation were viable, there was no procedural unfairness or error of law, and the claim had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused