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

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

Leave was refused because the applicant failed to demonstrate any arguable or reasonable prospect of success; the Board's adverse credibility findings and conclusions on risk, state protection and internal relocation were supported by reasons and there was no shown error of law, procedural unfairness or irrationality warranting judicial review.

Citation
[2020] HKCFI 1760
Parties
Applicant: Uddin Mohi; 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
31 July 2020
Case Number
HCAL1735/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Refused on Paper (consideration Under Order 53)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Prohibition, Risk to Life (hkbor Article 2), Cruel, Inhuman or Degrading Treatment (hkbor Article 3), State Protection, Internal Relocation, Credibility Assessment, Judicial Review Leave
Source Language
EN
Administrative Law Immigration Law Human Rights Law Constitutional Law Refugee Law Non Refoulement Torture Prohibition Risk to Life (hkbor Article 2) +5 more

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Parties

Uddin Mohi

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 (immigration/non Refoulement) / Leave Refused on Paper (consideration Under Order 53)

Legal Issues

  1. 1 Whether the Board erred in fact-finding so as to amount to error of law, procedural unfairness or irrationality
  2. 2 Whether the applicant established a real prospect of success on claims of torture, risk to life or persecution
  3. 3 Whether state protection and internal relocation were reasonably available to the applicant

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any arguable or reasonable prospect of success; the Board's adverse credibility findings and conclusions on risk, state protection and internal relocation were supported by reasons and there was no shown error of law, procedural unfairness or irrationality warranting judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed