RUNA RAHIMA AKTER v. TORTURE CLAIMS APPEAL BOARD

RUNA RAHIMA AKTER v. TORTURE CLAIMS APPEAL BOARD

Leave to apply for judicial review is refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board and Director lawfully found low risk, available state protection and reasonable internal relocation, and BOR 2 was not engaged, so the application had no prospect of success.

Citation
[2021] HKCFI 1185
Parties
Applicant: Runa Rahima Akter; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2021
Case Number
HCAL1232/2018
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 Risk, BOR Article 2 (right to Life), BOR Article 3 (prohibition of Torture/ill Treatment), Internal Relocation, Judicial Review Leave Threshold, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk BOR Article 2 (right to Life) BOR Article 3 (prohibition of Torture/ill Treatment) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Runa Rahima Akter

Applicant

Torture Claims Appeal Board

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 leave to apply for judicial review should be granted
  2. 2 Whether the Applicant faces a real risk of torture, serious ill-treatment or persecution on return to Bangladesh (BOR 2/3, Torture, Article 33 Refugee Convention)
  3. 3 Whether internal relocation within Bangladesh is reasonable and available

Ratio Decidendi

Leave to apply for judicial review is refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board and Director lawfully found low risk, available state protection and reasonable internal relocation, and BOR 2 was not engaged, so the application had no prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.