SHAHADAT MOLLAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SHAHADAT MOLLAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to present particularised, reasonably arguable grounds of legal error or procedural unfairness; the Board's adverse credibility findings and conclusion that internal relocation was reasonable were supported by the evidence and not legally flawed; judicial review will not be used to rehear the merits absent clear error.

Citation
[2020] HKCFI 303
Parties
Applicant: Shahadat Mollah; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2020
Case Number
HCAL1546/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Procedural Fairness, Judicial Review, Credibility Assessment, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Non Refoulement Torture Procedural Fairness Judicial Review Credibility Assessment +1 more

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Parties

Shahadat Mollah

Applicant

Torture Claims Appeal Board

Putative Respondent

The Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board unlawfully fettered its discretion
  2. 2 Whether the adjudicator acted with procedural unfairness
  3. 3 Whether the Board failed to afford greater care to a self-represented claimant

Ratio Decidendi

Leave refused because the applicant failed to present particularised, reasonably arguable grounds of legal error or procedural unfairness; the Board's adverse credibility findings and conclusion that internal relocation was reasonable were supported by the evidence and not legally flawed; judicial review will not be used to rehear the merits absent clear error.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.