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

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

Leave was refused because the applicants failed to demonstrate any reasonable prospect of success: the Board's findings that the claims were unsubstantiated, that state protection and internal relocation were available, and that there was no procedural unfairness or legal error were within the Board's evaluative scope and not irrational or unlawful.

Citation
[2019] HKCFI 2960
Parties
Applicant: Zoraydah; Applicant: Rahman Arinda Zahra; Applicant: Rahman Hasif Ramadani; 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
6 December 2019
Case Number
HCAL663/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused at Leave Stage
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Internal Relocation, State Protection, Procedural Fairness, Leave to Apply for Judicial Review, Country of Origin Information, Legal Representation, Hong Kong Bill of Rights Ordinance
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Judicial Review Non Refoulement Torture and CIDTP +7 more

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Parties

Zoraydah

Applicant

Rahman Arinda Zahra

Applicant

Rahman Hasif Ramadani

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 Application Refused at Leave Stage

Legal Issues

  1. 1 Whether applicants have a reasonable prospect of success to justify leave for judicial review
  2. 2 Alleged procedural impropriety and unfairness in Board proceedings
  3. 3 Whether the Board’s assessment of Country of Origin Information was irrational or legally flawed

Ratio Decidendi

Leave was refused because the applicants failed to demonstrate any reasonable prospect of success: the Board's findings that the claims were unsubstantiated, that state protection and internal relocation were available, and that there was no procedural unfairness or legal error were within the Board's evaluative scope and not irrational or unlawful.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed