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

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

Leave was refused because the applicant failed to demonstrate any reasonably arguable error of law or procedural unfairness in the Board's decision; the Board's credibility findings and conclusion that internal relocation in Pakistan was reasonable were within the primary decision-makers' remit and not susceptible to judicial interference on review.

Citation
[2020] HKCFI 469
Parties
Applicant: Waheed Muhammad; Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 2020
Case Number
HCAL286/2018
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 Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Internal Relocation, Credibility Assessment, State Acquiescence, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture) Internal Relocation +3 more

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Parties

Waheed Muhammad

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in law or procedure in dismissing the non-refoulement claim
  2. 2 Whether state acquiescence or extended state acquiescence applied
  3. 3 Whether the Board failed to take or weigh relevant Country of Origin Information

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any reasonably arguable error of law or procedural unfairness in the Board's decision; the Board's credibility findings and conclusion that internal relocation in Pakistan was reasonable were within the primary decision-makers' remit and not susceptible to judicial interference on review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.