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

TURSINIH 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 identify any arguable legal or procedural error and had no reasonable prospect of success; the Board's adverse credibility findings were unchallenged and the court will not re-open factual determinations.

Citation
[2020] HKCFI 1537
Parties
Applicant: Tursinih; 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
13 July 2020
Case Number
HCAL1835/2018
Procedural Posture
Leave to Apply for Judicial Review (immigration/non Refoulement) / Application for Leave; Decision Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Risk of Torture, Procedural Fairness, Assessment of Evidence, Persecution, Internal Relocation
Source Language
EN
Administrative Law Immigration Law Constitutional Law Refugee Law Human Rights Non Refoulement Judicial Review Leave to Apply +5 more

Case Brief

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Parties

Tursinih

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (immigration/non Refoulement) / Application for Leave; Decision Refused

Legal Issues

  1. 1 Whether the applicant had a fair hearing before the Torture Claims Appeal Board
  2. 2 Whether the Board committed errors of law, procedural unfairness or irrationality in its decision
  3. 3 Whether the applicant has any reasonable prospect of success on a proposed judicial review

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any arguable legal or procedural error and had no reasonable prospect of success; the Board's adverse credibility findings were unchallenged and the court will not re-open factual determinations.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.