SALAM ABDUS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SALAM ABDUS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's findings that the claim was not based on genuine fear and that internal relocation and state protection were available were rational, supported by evidence and not susceptible to successful judicial review.

Citation
[2020] HKCFI 2187
Parties
Applicant: Salam Abdus; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCAL713/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused After Consideration of Documents
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Risk of Torture, HKBOR Articles 2 and 3, Internal Relocation, Judicial Review Leave Standard, Procedural Fairness
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Risk of Torture HKBOR Articles 2 and 3 Internal Relocation +2 more

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Parties

Salam Abdus

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 After Consideration of Documents

Legal Issues

  1. 1 Whether the Board erred in law or acted with procedural unfairness in dismissing the non-refoulement claim
  2. 2 Whether the applicant faces a real risk of torture, death or other serious ill-treatment on return
  3. 3 Whether state protection or internal relocation in Pakistan is reasonable and available

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's findings that the claim was not based on genuine fear and that internal relocation and state protection were available were rational, supported by evidence and not susceptible to successful judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.