UKEH SIMON CHIBUEZE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

UKEH SIMON CHIBUEZE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave for judicial review was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility findings were sustainable on the evidence, COI supported availability of state protection and internal relocation, and judicial review is not a vehicle to rehear the non‑refoulement claim.

Citation
[2023] HKCFI 1739
Parties
Applicant: Ukeh Simon Chibueze; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2023
Case Number
HCAL1261/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement) / Leave Application Dismissed at First Instance
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non‑refoulement, Torture/article 3 HKBOR, Right to Life/article 2 HKBOR, Persecution/refugee Convention Article 33, Credibility Findings, Internal Relocation, Judicial Review Standards
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture/article 3 HKBOR Right to Life/article 2 HKBOR Persecution/refugee Convention Article 33 +3 more

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Parties

Ukeh Simon Chibueze

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) / Leave Application Dismissed at First Instance

Legal Issues

  1. 1 Whether there are reasonably arguable grounds of legal error, irrationality or procedural unfairness in the Board's decision to justify leave for judicial review
  2. 2 Whether the Applicant faces a real risk of harm or torture from Boko Haram if returned to Nigeria
  3. 3 Whether state protection or safe internal relocation are available to the Applicant

Ratio Decidendi

Leave for judicial review was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility findings were sustainable on the evidence, COI supported availability of state protection and internal relocation, and judicial review is not a vehicle to rehear the non‑refoulement claim.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

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