SHEIKH BADRUL v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SHEIKH BADRUL v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The ex parte dismissal was set aside on acceptable explanation for absence, but leave to apply for judicial review was refused because the applicant failed to particularize grounds and demonstrate a reasonable prospect of success; the Board's adverse factual findings were rational and supported by the evidence and the Director's conduct (including discretion not to re-screen for BOR 2) did not disclose reviewable error.

Citation
[2020] HKCFI 724
Parties
Applicant: Sheikh Badrul; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 2020
Case Number
HCAL1582/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (order 53 R.3) / Leave Application Decided; Ex Parte Dismissal Set Aside Then Leave Refused
Outcome
Ex parte dismissal of 31 January 2019 set aside; leave to apply for judicial review refused and application dismissed
Legal Topics
Non Refoulement, Risk of Torture/cidtp, Judicial Review Leave, Procedural Fairness and Legal Representation, Country of Origin Information Assessment, Burden and Standard of Proof
Source Language
EN
Constitutional and Administrative Law Immigration Law Refugee and Asylum Law Human Rights Law Non Refoulement Risk of Torture/cidtp Judicial Review Leave Procedural Fairness and Legal Representation +2 more

Case Brief

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Parties

Sheikh Badrul

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (order 53 R.3) / Leave Application Decided; Ex Parte Dismissal Set Aside Then Leave Refused

Legal Issues

  1. 1 Whether the ex parte dismissal order of 31 January 2019 should be set aside
  2. 2 Whether the applicant has a reasonable prospect of success to obtain leave for judicial review of the Board's decision
  3. 3 Whether the Board/Director misapplied legal standards (standard of proof, state protection, assessment of COI)

Ratio Decidendi

The ex parte dismissal was set aside on acceptable explanation for absence, but leave to apply for judicial review was refused because the applicant failed to particularize grounds and demonstrate a reasonable prospect of success; the Board's adverse factual findings were rational and supported by the evidence and the Director's conduct (including discretion not to re-screen for BOR 2) did not disclose reviewable error.

Court Disposition

Ex parte dismissal of 31 January 2019 set aside; leave to apply for judicial review refused and application dismissed

Orders

  • Order of 31 January 2019 dismissing application for want of prosecution set aside
  • Leave to apply for judicial review refused; application dismissed