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

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

Leave refused because the applicant failed to demonstrate any reasonably arguable grounds of legal error, procedural unfairness or irrationality in the Director's and the Board's decisions; those decision‑makers had reasonably found the risk to be low and internal relocation viable, so there was no prospect of success on judicial review.

Citation
[2019] HKCFI 816
Parties
Applicant: Umar Shahzad; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 2019
Case Number
HCAL129/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Internal Relocation, Standard of Review, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee Law Non Refoulement Torture Article 3 HKBOR +3 more

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Parties

Umar Shahzad

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or other serious harm if returned to Pakistan
  2. 2 Whether internal relocation within Pakistan is a reasonable alternative
  3. 3 Whether the Director and the Board made any legal error, procedural unfairness or irrationality in assessing the claim

Ratio Decidendi

Leave refused because the applicant failed to demonstrate any reasonably arguable grounds of legal error, procedural unfairness or irrationality in the Director's and the Board's decisions; those decision‑makers had reasonably found the risk to be low and internal relocation viable, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.