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

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

On the evidence and proper application of law the adjudicator and Director correctly found no substantial grounds to believe the applicant faces a real risk of torture, severe ill-treatment, persecution or breach of right to life if returned; there was no error of law or procedural unfairness and the leave application was not reasonably arguable and must be refused.

Citation
[2018] HKCFI 1020
Parties
Applicant: Tutul; 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 May 2018
Case Number
HCAL522/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Application for Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cat, Cruel, Inhuman or Degrading Treatment (bor 3), Right to Life (bor 2), Refugee Convention Protection, Judicial Review Leave, Wednesbury Unreasonableness, Procedural Fairness, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration and Asylum Law Human Rights Law Non Refoulement Torture/cat Cruel, Inhuman or Degrading Treatment (bor 3) Right to Life (bor 2) Refugee Convention Protection +4 more

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Parties

Tutul

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 Stage Application for Leave Refused

Legal Issues

  1. 1 Whether the applicant faces a real and substantial risk of torture if returned to Bangladesh
  2. 2 Whether the applicant faces a real and substantial risk of CIDTP under BOR 3 or violation of right to life under BOR 2
  3. 3 Whether the applicant faces a real and substantial risk of persecution for a Refugee Convention reason

Ratio Decidendi

On the evidence and proper application of law the adjudicator and Director correctly found no substantial grounds to believe the applicant faces a real risk of torture, severe ill-treatment, persecution or breach of right to life if returned; there was no error of law or procedural unfairness and the leave application was not reasonably arguable and must be refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused