SANYANG OMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SANYANG OMAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Director's and Board's decisions; credible COI and findings supported that there was no real and substantial risk from state agents, the claim had shifted to an unsupported fear of the general population, and reasonable internal relocation within The Gambia was available, such that there was no realistic prospect of success on judicial review.

Citation
[2020] HKCFI 2035
Parties
Applicant: Sanyang Omar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2020
Case Number
HCAL1877/2018
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 Articles 2 and 3, Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum Law Non Refoulement Torture Risk HKBOR Articles 2 and 3 +2 more

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Parties

Sanyang Omar

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

Legal Issues

  1. 1 Whether there are arguable errors of law or procedural unfairness in the Director's and Board's decisions
  2. 2 Whether the applicant faces real and substantial risk of torture, death or other breaches of HKBOR Articles 2 or 3 on return
  3. 3 Whether the applicant was targeted by state agents or by the general population on convention grounds

Ratio Decidendi

Leave refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Director's and Board's decisions; credible COI and findings supported that there was no real and substantial risk from state agents, the claim had shifted to an unsupported fear of the general population, and reasonable internal relocation within The Gambia was available, such that there was 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.