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

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

Leave to apply for judicial review refused because the applicant failed to state any reasonably arguable grounds; the Adjudicator lawfully and fairly assessed the non-refoulement claim and the application for extension of time; there was no error of law, procedural unfairness or irrationality and the Director's...

Source-derived case information.

Citation
[2022] HKCFI 658
Parties
Applicant: Waseem Khan; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2022
Case Number
HCAL436/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Decision (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply for Judicial Review, Torture Risk, Procedural Fairness, Extension of Time
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Judicial Review Leave to Apply for Judicial Review Torture Risk +2 more

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Parties

Waseem Khan

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Decision (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Adjudicator made errors of law, procedural unfairness or irrationality
  3. 3 Whether the Director's Decision/Further Decision remains susceptible to judicial review after appeal to the TCAB

Ratio Decidendi

Leave to apply for judicial review refused because the applicant failed to state any reasonably arguable grounds; the Adjudicator lawfully and fairly assessed the non-refoulement claim and the application for extension of time; there was no error of law, procedural unfairness or irrationality and the Director's decisions were not amenable to judicial review after the TCAB rehearing.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.