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

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

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness in the Board's Decision; the Board's credibility findings and assessments of risk, state protection and internal relocation were open to it and the applicant had no realistic prospect of success.

Citation
[2022] HKCFI 485
Parties
Applicant: Rovin; 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
17 February 2022
Case Number
HCAL1490/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Refugee Convention (persecution), Judicial Review, Leave to Apply, Credibility Assessment, Internal Relocation, State Protection, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and CIDTP Refugee Convention (persecution) Judicial Review +6 more

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Parties

Rovin

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's decision contained errors of law or procedural unfairness
  2. 2 Whether the applicant's credibility could be legitimately damaged by his refusal to give evidence
  3. 3 Whether there was a real risk of torture, CIDTP or deprivation of life on return

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness in the Board's Decision; the Board's credibility findings and assessments of risk, state protection and internal relocation were open to it and the applicant had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for Judicial Review refused.
  • Application dismissed.