ULLAH HABIB v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ULLAH HABIB v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility finding was supported by the evidence and the decisions properly applied legal principles including consideration of state protection and reasonable internal relocation, thus no substantial grounds for non-refoulement were established and judicial review was inappropriate.

Citation
[2024] HKCFI 1751
Parties
Applicant: Ullah Habib; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2024
Case Number
HCAL1701/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Decided Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Internal Relocation Judicial Review Leave

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Parties

Ullah Habib

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Decided Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board's decision contained legal error, irrationality or procedural unfairness
  3. 3 Whether the applicant established a real and substantial risk of torture or other serious harm on return

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility finding was supported by the evidence and the decisions properly applied legal principles including consideration of state protection and reasonable internal relocation, thus no substantial grounds for non-refoulement were established and judicial review was inappropriate.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed