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

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

Leave was refused because the applicant failed to demonstrate an arguable legal error, procedural unfairness or irrationality in the TCAB decision; the TCAB had considered the evidence and country information and correctly applied USM principles, including that internal relocation was available.

Citation
[2025] HKCFI 2503
Parties
Applicant: Uddin Mohammad Ahasan; 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
17 June 2025
Case Number
HCAL122/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Procedural Fairness, Internal Relocation, Standard of Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Judicial Review Procedural Fairness Internal Relocation Standard of Review

Case Brief

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Parties

Uddin Mohammad Ahasan

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 (non Refoulement) / Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave for judicial review should be granted
  2. 2 Whether the TCAB decision contained errors of law
  3. 3 Whether there was procedural unfairness or irrationality in the TCAB decision

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate an arguable legal error, procedural unfairness or irrationality in the TCAB decision; the TCAB had considered the evidence and country information and correctly applied USM principles, including that internal relocation was available.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Form 86 amended on the Court's own motion to name the Torture Claims Appeal Board as putative respondent and the Director of Immigration as putative interested party.
  • Leave to apply for judicial review dismissed.