SHIPON MD v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

SHIPON MD v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The applicant failed to show exceptional circumstances to justify judicial review of the Director's decisions and failed to demonstrate a reasonable prospect of success on the merits; the Board and the Director are the proper primary decision-makers for non-refoulement claims and had lawfully evaluated the evidence; leave to apply for judicial review is refused.

Citation
[2019] HKCFI 136
Parties
Applicant: Shipon MD; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
HCAL1049/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Procedural Fairness, Judicial Review Leave, Burden of Proof, Administrative Appeal
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture and CIDTP Procedural Fairness Judicial Review Leave +2 more

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Parties

Shipon MD

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director of Immigration's decision absent exceptional circumstances
  2. 2 Whether applicant established risk of torture, CIDTP or persecution on return to Bangladesh
  3. 3 Whether the Adjudicator/Board failed to make sufficient enquiries or denied procedural fairness

Ratio Decidendi

The applicant failed to show exceptional circumstances to justify judicial review of the Director's decisions and failed to demonstrate a reasonable prospect of success on the merits; the Board and the Director are the proper primary decision-makers for non-refoulement claims and had lawfully evaluated the evidence; leave to apply for judicial review is refused.

Court Disposition

leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused and the application for leave dismissed