UDDIN MOHAMMAD NASIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

UDDIN MOHAMMAD NASIR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

No reasonably arguable legal error, irrationality or procedural unfairness was identified in the Director's or the Board's decisions; both found risk low, state protection and internal relocation available, and the applicant subsequently withdrew saying it was safe to return; therefore there is no prospect of...

Source-derived case information.

Citation
[2025] HKCFI 160
Parties
Applicant: Uddin Mohammad Nasir; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2025
Case Number
HCAL2237/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Articles 2 and 3 (right to Life and Prohibition of Torture), Internal Relocation, State/police Protection, Judicial Review Standard of Review, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Torture Prevention Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) +6 more

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Parties

Uddin Mohammad Nasir

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application (dismissed)

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or serious harm from local political supporters if returned to Bangladesh
  2. 2 Whether state or police protection would be available on return
  3. 3 Whether reasonable internal relocation alternatives exist in Bangladesh

Ratio Decidendi

No reasonably arguable legal error, irrationality or procedural unfairness was identified in the Director's or the Board's decisions; both found risk low, state protection and internal relocation available, and the applicant subsequently withdrew saying it was safe to return; therefore there is no prospect of success and the leave application is dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.