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

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

The application for leave was refused because the Board made definitive adverse credibility and factual findings based on material inconsistencies and inherent implausibility, the applicant acknowledged he had a fair hearing and understood the decision, and he therefore failed to demonstrate a reasonable prospect of success on judicial review; accordingly leave was refused and the judicial review dismissed.

Citation
[2019] HKCFI 2632
Parties
Applicant: Zaheer; 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
25 October 2019
Case Number
HCAL1602/2018
Procedural Posture
Leave to Apply for Judicial Review / Decision on Leave Application (notification of Judge's Decision)
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Prohibition of Torture, Leave to Apply for Judicial Review, Credibility Findings, Setting Aside Ex Parte Order, Procedural Default/want of Prosecution
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum Law Non Refoulement Prohibition of Torture Leave to Apply for Judicial Review +3 more

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Parties

Zaheer

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Decision on Leave Application (notification of Judge's Decision)

Legal Issues

  1. 1 Whether the applicant has a reasonable prospect of success to obtain judicial review of the Board's and Director's decisions
  2. 2 Whether the Adjudicator's adverse credibility and fact findings render the applicant's claim unsubstantiated
  3. 3 Whether the applicant received a fair hearing and had adequate opportunity and interpretation

Ratio Decidendi

The application for leave was refused because the Board made definitive adverse credibility and factual findings based on material inconsistencies and inherent implausibility, the applicant acknowledged he had a fair hearing and understood the decision, and he therefore failed to demonstrate a reasonable prospect of success on judicial review; accordingly leave was refused and the judicial review dismissed.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Order dated 8 February 2019 dismissing the application for want of prosecution set aside
  • Leave to apply for judicial review refused and the application dismissed