SAMIULLAH v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SAMIULLAH v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because there is no arguable legal error or procedural unfairness: the Director and the Board lawfully and reasonably assessed credibility, found localized risk that is amenable to internal relocation, and applied relevant law, so the applicant has no realistic prospect of success on judicial review.

Citation
[2019] HKCFI 1181
Parties
Applicant: Samiullah; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 2019
Case Number
HCAL1265/2018
Procedural Posture
Judicial Review (leave Application) / Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Asylum and Non Refoulement Non Refoulement Torture Risk Credibility Assessment +3 more

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Parties

Samiullah

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Refused

Legal Issues

  1. 1 Whether the Board erred in assessing the applicant's credibility
  2. 2 Whether the applicant faces a real risk of torture, death or persecution if returned to Pakistan
  3. 3 Whether internal relocation within Pakistan is a viable alternative

Ratio Decidendi

Leave refused because there is no arguable legal error or procedural unfairness: the Director and the Board lawfully and reasonably assessed credibility, found localized risk that is amenable to internal relocation, and applied relevant law, so the applicant has no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.