SHAIKH TAREKH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

SHAIKH TAREKH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to demonstrate any prospect of success: the adjudicator and Director made clear credibility findings on the core of the claim (including serious doubts about the loan document and the applicant's account) after hearing oral evidence, and...

Source-derived case information.

Citation
[2018] HKCFI 1318
Parties
Applicant: Shaikh Tarekh; Putative Respondent: Torture Claims Appeal Board; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2018
Case Number
HCAL1046/2017
Procedural Posture
Judicial Review Leave to Apply / Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non‑refoulement, Torture Risk, Credibility Assessment, Procedural Impropriety, Country of Origin Information, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Asylum and Protection Law Judicial Review Non‑refoulement Torture Risk Credibility Assessment +3 more

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Parties

Shaikh Tarekh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Leave to Apply / Leave Application (refused)

Legal Issues

  1. 1 Whether the applicant has an arguable prospect of success on judicial review
  2. 2 Whether the Director and the Torture Claims Appeal Board erred in assessing torture/non‑refoulement risk
  3. 3 Whether the adjudicator failed to properly consider Country of Origin Information

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any prospect of success: the adjudicator and Director made clear credibility findings on the core of the claim (including serious doubts about the loan document and the applicant's account) after hearing oral evidence, and those primary fact‑finding conclusions justified dismissal; the court will not overturn such evaluations absent arguable error.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave refused