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

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

Leave was refused because the applicant’s grounds were speculative or raised factual credibility issues properly determined by the Director and the Board, there was no demonstrated legal error or procedural unfairness, and therefore no reasonable prospect of success on judicial review.

Citation
[2018] HKCFI 1962
Parties
Applicant: Subhani Karamat; 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
31 August 2018
Case Number
HCAL1045/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (torture and Inhuman Treatment), Credibility Assessment, Judicial Review Leave Stage
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (torture and Inhuman Treatment) +2 more

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Parties

Subhani Karamat

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 Refused

Legal Issues

  1. 1 Whether applicant was denied fair procedure by lack of legal representation on appeal
  2. 2 Whether failure to provide translation of NCF caused unfairness
  3. 3 Whether Board lawfully assessed credibility and made resultant adverse findings

Ratio Decidendi

Leave was refused because the applicant’s grounds were speculative or raised factual credibility issues properly determined by the Director and the Board, there was no demonstrated legal error or procedural unfairness, and therefore no reasonable prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.