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

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

Leave for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision directly, failed to plead substantive grounds, and the application had no reasonable prospect of success in light of the Board's adverse credibility findings and lack of substantiated procedural unfairness.

Citation
[2019] HKCFI 137
Parties
Applicant: Sattar Abdul; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
HCAL1089/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Leave refused; application for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Article 2 HKBOR (right to Life), Article 3 HKBOR (cidtp), Refugee Convention Article 33, Procedural Fairness in Screening, Translation and Legal Assistance, Leave to Apply for Judicial Review, Credibility Assessment
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Article 2 HKBOR (right to Life) +6 more

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Parties

Sattar Abdul

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director's screening decision absent exceptional circumstances
  2. 2 Whether the non-refoulement screening and appeal process met required standards of fairness
  3. 3 Whether failures of translation or duty lawyer assistance amounted to a denial of fair process

Ratio Decidendi

Leave for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision directly, failed to plead substantive grounds, and the application had no reasonable prospect of success in light of the Board's adverse credibility findings and lack of substantiated procedural unfairness.

Court Disposition

Leave refused; application for judicial review dismissed

Orders

  • Leave to apply for judicial review refused
  • Applicant's application dismissed