UMAR FAROOQ v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

UMAR FAROOQ v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Director’s and Board’s assessments; the Board reasonably found low risk, availability of state protection and internal relocation, and thus there is no realistic prospect of success on judicial review.

Citation
[2023] HKCFI 2337
Parties
Applicant: Umar Farooq; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2023
Case Number
HCAL1835/2020
Procedural Posture
Judicial Review Leave to Apply / Leave Application Considered; Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Right to Life (hkbor Article 2), Cruel, Inhuman or Degrading Treatment (hkbor Article 3), Persecution (refugee Convention Article 33), Internal Relocation, Wednesbury Unreasonableness, Screening and Appeal Procedures
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Right to Life (hkbor Article 2) Cruel, Inhuman or Degrading Treatment (hkbor Article 3) +4 more

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Parties

Umar Farooq

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application Considered; Dismissed

Legal Issues

  1. 1 Whether the applicant has an arguable ground to challenge the Board’s dismissal of his non-refoulement claim
  2. 2 Whether risk from private actors without state involvement engages torture or HKBOR Articles 2/3
  3. 3 Whether state protection or internal relocation are available and reasonable

Ratio Decidendi

Leave to apply for judicial review dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Director’s and Board’s assessments; the Board reasonably found low risk, availability of state protection and internal relocation, and thus there is no realistic prospect of success on judicial review.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.