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

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

The applicant failed to particularize alleged procedural irregularities and did not demonstrate any arguable legal error; the Board heard the applicant, made adverse credibility findings supported by evidence and reasoning, and there was no procedural unfairness or irrationality that would justify granting leave for judicial review, therefore leave is refused.

Citation
[2018] HKCFI 2637
Parties
Applicant: Uddin Borhan; 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
7 December 2018
Case Number
HCAL984/2017
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 Risk (immigration Ordinance Part Viic), HKBOR Article 2 (right to Life), HKBOR Article 3 (torture and Inhuman Treatment), Procedural Fairness, Credibility Findings, Internal Relocation, Judicial Review Scope
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) HKBOR Article 2 (right to Life) HKBOR Article 3 (torture and Inhuman Treatment) +4 more

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Parties

Uddin Borhan

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 (refused)

Legal Issues

  1. 1 Whether the Board breached procedural fairness by providing the hearing bundle late and without interpretation
  2. 2 Whether the Board failed to afford minimum procedural fairness to an unrepresented claimant
  3. 3 Whether the Board improperly failed to consider the applicant's lack of legal knowledge and failure to inform him of complaint mechanisms

Ratio Decidendi

The applicant failed to particularize alleged procedural irregularities and did not demonstrate any arguable legal error; the Board heard the applicant, made adverse credibility findings supported by evidence and reasoning, and there was no procedural unfairness or irrationality that would justify granting leave for judicial review, therefore leave is refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.