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

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

Leave was refused because the applicant failed to show any realistic prospect of success; the Board's adverse credibility findings and factual conclusions were within its fact-finding province, supported by inconsistencies in the applicant's statements and COI indicating available state protection and reasonable internal relocation, and there was no demonstrated error of law or procedural unfairness.

Citation
[2024] HKCFI 451
Parties
Applicant: Uddin Sala; 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
26 February 2024
Case Number
HCAL1394/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (administrative/constitutional Challenge to Non Refoulement Decision) / Leave Stage (consideration of Documents and Applicant Attendance Pursuant to Order 53 R.3)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), Right to Life (hkbor Article 2), Prohibition of CIDTP (hkbor Article 3), Persecution Under Refugee Convention Article 33, Internal Relocation, Judicial Review Leave Standard, Assessment of Credibility and COI
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) Right to Life (hkbor Article 2) +5 more

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Parties

Uddin Sala

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 (administrative/constitutional Challenge to Non Refoulement Decision) / Leave Stage (consideration of Documents and Applicant Attendance Pursuant to Order 53 R.3)

Legal Issues

  1. 1 Whether applicant demonstrated procedural unfairness at the Board hearing
  2. 2 Whether the Board's adverse credibility findings were irrational or involved errors of law
  3. 3 Whether there was a real risk of torture or CIDTP if returned

Ratio Decidendi

Leave was refused because the applicant failed to show any realistic prospect of success; the Board's adverse credibility findings and factual conclusions were within its fact-finding province, supported by inconsistencies in the applicant's statements and COI indicating available state protection and reasonable internal relocation, and there was no demonstrated error of law or procedural unfairness.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed