SETH NIZAM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

SETH NIZAM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because none of the asserted grounds were reasonably arguable: the Board and Director made lawful, rational credibility and risk assessments based on evidence and COI, there was no identifiable error of law or procedural unfairness, and internal relocation and available state protection meant no...

Source-derived case information.

Citation
[2021] HKCFI 1338
Parties
Applicant: Seth Nizam; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2021
Case Number
HCAL1017/2018
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 Claim, Judicial Review Leave, Procedural Fairness, Country of Origin Information, Internal Relocation
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Claim Judicial Review Leave Procedural Fairness +2 more

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Parties

Seth Nizam

Applicant

Torture Claims Appeal Board

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 Appellant was denied procedural fairness by lack of legal representation at Board hearing
  2. 2 Whether the Board/Director considered irrelevant matters or failed to consider relevant COI
  3. 3 Whether reasons given by the Board were adequate

Ratio Decidendi

Leave was refused because none of the asserted grounds were reasonably arguable: the Board and Director made lawful, rational credibility and risk assessments based on evidence and COI, there was no identifiable error of law or procedural unfairness, and internal relocation and available state protection meant no real risk of torture or persecution on return.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.