TABAROK ULLAH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

TABAROK ULLAH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave refused because the court found no reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions: the Board accepted the applicant's facts, found low risk, relied on available COI, state protection and reasonable internal relocation, and the lack of legal representation on appeal did not render the proceedings unfair under established authorities.

Citation
[2020] HKCFI 476
Parties
Applicant: Tabarok Ullah; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2020
Case Number
HCAL277/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Article 3 HKBOR, Article 2 HKBOR, Internal Relocation, Procedural Fairness, Right to Legal Representation
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Claim Article 3 HKBOR Article 2 HKBOR +3 more

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Parties

Tabarok Ullah

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board and Director erred in law or acted with procedural unfairness in rejecting non-refoulement/torture/BOR claims
  3. 3 Whether lack of legal representation in the appeal amounted to unfairness

Ratio Decidendi

Leave refused because the court found no reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions: the Board accepted the applicant's facts, found low risk, relied on available COI, state protection and reasonable internal relocation, and the lack of legal representation on appeal did not render the proceedings unfair under established authorities.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused