22 Jun 2022
USMAN JAVED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2022] HKCFI 1862
- Court
- Court of First Instance
- Case number
- HCAL816/2020
The court refused leave because the Board had correctly identified and applied the law, made fact findings (that honour killing was outlawed since 2016, shame was minimal, lapse of 14 years and deterrence reduced risk, and the rape allegation was unproven) that were not vitiated by error of law, procedural unfairness or irrationality; the Applicant's grounds were not reasonably arguable and there was no realistic prospect of success. The Withdrawal Application was refused because the Applicant had not shown his decision to withdraw was an informed bona fide decision, but no order was made on…