SADAQAT v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]

SADAQAT v. THE ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE APPOINTED TO DETERMINE THE APPLICANT’S PETITION AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was granted because it is reasonably arguable that the Board either failed to decide the appeal on the materials before it or, if it did, failed to give any or sufficient reasons for dismissing the appeal; the Director’s decision is not amenable to review once appeal to the Board...

Source-derived case information.

Citation
[2019] HKCFI 441
Parties
Applicant: Sadaqat; 1st Respondent: The Adjudicator of the Non-refoulement Claims Petition Office appointed to determine the Applicant’s Petition; 2nd Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2019
Case Number
HCAL544/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Granted
Outcome
Leave granted to the applicant to apply for judicial review of the Torture Claims Appeal Board’s decision dated 15 February 2018 on the specified ground.
Legal Topics
Non Refoulement, Torture Risk, Judicial Review, Reasons for Decision, Procedural Fairness, Internal Relocation
Source Language
en
Immigration Administrative Law Constitutional Law Human Rights Non Refoulement Torture Risk Judicial Review Reasons for Decision +2 more

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Parties

Sadaqat

Applicant

The Adjudicator of the Non-refoulement Claims Petition Office appointed to determine the Applicant’s Petition

1st Respondent

The Director of Immigration

2nd Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Granted

Legal Issues

  1. 1 Whether the Torture Claims Appeal Board failed to determine the appeal on the basis of materials before it
  2. 2 Whether the Board failed to give adequate reasons for dismissing the appeal
  3. 3 Whether the Director of Immigration’s decision remains susceptible to judicial review after an appeal to the Board

Ratio Decidendi

Leave to apply for judicial review was granted because it is reasonably arguable that the Board either failed to decide the appeal on the materials before it or, if it did, failed to give any or sufficient reasons for dismissing the appeal; the Director’s decision is not amenable to review once appeal to the Board has been pursued.

Court Disposition

Leave granted to the applicant to apply for judicial review of the Torture Claims Appeal Board’s decision dated 15 February 2018 on the specified ground.

Orders

  • Leave be granted to the applicant to apply for judicial review of the Torture Claims Appeal Board’s Decision dated 15 February 2018 on the ground that the Board had failed to proceed to determine his appeal on the basis of the materials before it, or that if it had done so, it failed to give any or sufficient...
  • Applicant must serve the order granting leave and any directions within 14 days, issue the originating summons within 14 days and supply copies of affidavits proposed to be used at the hearing in accordance with Order 53.