SK SIRAJ UDDIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SK SIRAJ UDDIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any reasonably arguable basis of illegality, irrationality or procedural unfairness; the Director and Adjudicator considered the evidence, applied the correct legal tests, and reached principled and substantiated conclusions such that there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 1747
Parties
Applicant: Sk Siraj Uddin; 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
24 August 2018
Case Number
HCAL727/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on Papers; Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, HKBORO Article 2 (right to Life), HKBORO Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment), Refugee Convention Article 33, Judicial Review, Procedural Fairness, Leave to Apply
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Torture Risk HKBORO Article 2 (right to Life) HKBORO Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment) +4 more

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Parties

Sk Siraj Uddin

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 / Leave Application Considered on Papers; Leave Refused

Legal Issues

  1. 1 Whether the Applicant established an arguable ground of unlawfulness, unreasonableness or procedural unfairness to obtain leave for judicial review
  2. 2 Whether the Director of Immigration and the TCAB Adjudicator erred in law or acted irrationally in rejecting non-refoulement claims (torture, BOR2, BOR3, persecution)
  3. 3 Whether absence of legal representation or decisions based on 'assumptions' amounted to procedural unfairness

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any reasonably arguable basis of illegality, irrationality or procedural unfairness; the Director and Adjudicator considered the evidence, applied the correct legal tests, and reached principled and substantiated conclusions such that there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.