SOW ABDOURAHIM v. TOTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETTION OFFICE [Decision on Leave Application]

SOW ABDOURAHIM v. TOTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETTION OFFICE [Decision on Leave Application]

The Director's Notice of Decision was not susceptible to judicial review because the Applicant invoked and pursued the statutory appeal to the Board which superseded the Director's decision; additionally, even if the Board's Decision were reviewable, the Applicant had no realistic prospect of success because the Board applied the correct legal principles, conducted a fair hearing, properly assessed credibility (noting significant discrepancies and changes in account), and lawfully concluded there was no real risk under any USM ground, so leave to apply for judicial review was refused.

Citation
[2021] HKCFI 1830
Parties
Applicant: Sow Abdourahim; 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 June 2021
Case Number
HCAL1901/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Decided (notification)
Outcome
Leave to apply for judicial review of the Director's Notice of Decision dated 13 December 2016 refused
Legal Topics
Non Refoulement, Torture and Ill Treatment, Judicial Review, Leave to Apply for Judicial Review, Credibility Assessment, Statutory Appeal Bar
Source Language
EN
Constitutional Law Administrative Law Immigration and Asylum Law Human Rights Law Non Refoulement Torture and Ill Treatment Judicial Review Leave to Apply for Judicial Review +2 more

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Parties

Sow Abdourahim

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 Decided (notification)

Legal Issues

  1. 1 Whether the Director of Immigration's Notice of Decision is susceptible to judicial review after appeal to the Board
  2. 2 Whether the Applicant has arguable grounds to obtain leave to judicially review the Board's Decision
  3. 3 Whether the Board's Decision was infected by error of law, procedural unfairness or irrationality (enhanced Wednesbury)

Ratio Decidendi

The Director's Notice of Decision was not susceptible to judicial review because the Applicant invoked and pursued the statutory appeal to the Board which superseded the Director's decision; additionally, even if the Board's Decision were reviewable, the Applicant had no realistic prospect of success because the Board applied the correct legal principles, conducted a fair hearing, properly assessed credibility (noting significant discrepancies and changes in account), and lawfully concluded there was no real risk under any USM ground, so leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review of the Director's Notice of Decision dated 13 December 2016 refused

Orders

  • Leave to apply for judicial review of the Director's Notice of Decision dated 13 December 2016 refused