SADIQ IMRAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SADIQ IMRAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any legal error, irrationality or procedural unfairness in the Director's and the Board's decisions; the Board's adverse credibility findings were supportable on the evidence and the Director reasonably concluded internal relocation and state protection were available, so there was no reasonably arguable ground for judicial review.

Citation
[2021] HKCFI 1275
Parties
Applicant: Sadiq Imran; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2021
Case Number
HCAL1494/2018
Procedural Posture
Judicial Review (leave Application) / Leave Refused (notification)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Refugee and Asylum Law Non Refoulement Torture Risk Credibility Findings Internal Relocation +2 more

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Parties

Sadiq Imran

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Refused (notification)

Legal Issues

  1. 1 Whether the Board and Director erred in rejecting the applicant's non-refoulement claim
  2. 2 Whether the applicant established a real risk of torture, death or persecution on return to Pakistan
  3. 3 Whether state protection or internal relocation in Pakistan would avoid the risk

Ratio Decidendi

Leave was refused because the applicant failed to identify any legal error, irrationality or procedural unfairness in the Director's and the Board's decisions; the Board's adverse credibility findings were supportable on the evidence and the Director reasonably concluded internal relocation and state protection were available, so there was no reasonably arguable ground for judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.