SAMAD TARIQ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

SAMAD TARIQ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant's grounds were not reasonably arguable: the Director's and Board's adverse credibility findings and conclusion that any risk was localized and avoidable by internal relocation were lawful and supported by the evidence, and the alleged procedural defects (no free legal representation, language assistance issues, and non-attendance of the Director) did not amount to unfairness or prejudice that would give rise to a realistic prospect of success on judicial review.

Citation
[2019] HKCFI 217
Parties
Applicant: Samad Tariq; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2019
Case Number
HCAL30/2018
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, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Persecution, Internal Relocation, Credibility Findings, Procedural Fairness, Right to Legal Representation, Language Assistance, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee/asylum Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +8 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 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Samad Tariq

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether the applicant faced a real risk of torture, death or other proscribed harm on return to Pakistan (torture/BOR2/BOR3/persecution)
  2. 2 Whether internal relocation within Pakistan was a viable alternative
  3. 3 Whether the applicant was denied a fair hearing by lack of legal representation at the Board hearing

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's grounds were not reasonably arguable: the Director's and Board's adverse credibility findings and conclusion that any risk was localized and avoidable by internal relocation were lawful and supported by the evidence, and the alleged procedural defects (no free legal representation, language assistance issues, and non-attendance of the Director) did not amount to unfairness or prejudice that would give rise to a realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.