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

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

The court refused leave because on anxious scrutiny the Board's and Director's determinations were supported by evidence and lawful reasoning: the adjudicator's finding that the applicant was a Nigerian citizen was properly based on the applicant's own evidence and objective indicators; the threats alleged were uncorroborated hearsay; COI did not establish a personal real risk in Nigeria and reasonable internal relocation and state protection were available; no procedural unfairness or error of law was shown, therefore there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 1982
Parties
Applicant: Robert Adjagba; 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
7 September 2018
Case Number
HCAL872/2017
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, Article 3 BOR, Refoulement, Country of Origin Information, Internal Relocation, Judicial Review Leave
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Article 3 BOR Refoulement +3 more

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Parties

Robert Adjagba

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 / Leave Application Refused

Legal Issues

  1. 1 Whether the Board erred in its finding as to the applicant's nationality
  2. 2 Whether the Board and Director failed to have regard to relevant Country of Origin Information
  3. 3 Whether procedural fairness or the required high standards were breached by the adjudicator

Ratio Decidendi

The court refused leave because on anxious scrutiny the Board's and Director's determinations were supported by evidence and lawful reasoning: the adjudicator's finding that the applicant was a Nigerian citizen was properly based on the applicant's own evidence and objective indicators; the threats alleged were uncorroborated hearsay; COI did not establish a personal real risk in Nigeria and reasonable internal relocation and state protection were available; no procedural unfairness or error of law was shown, therefore there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused