Hachimou Abdallah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 2349 /2019 [2025] HKCFI 284 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 2349 OF 2019 _____________ BETWEEN
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_____________ J U D G M E N T _____________ THE APPLICATION 1.The applicant applies for leave to apply for judicial review of the Decision dated 19 June 2019 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dismissing the applicant’s appeal against the Director’s Decision as described below (“the Board’s Decision”). 2.The applicant did not ask for a hearing. I shall deal with his application on the papers. 3.Pursuant to Order 20, rule 8 and Order 53, rule 3(6) of the Rules of the High Court, Form 86 is amended to the effect that the proposed respondent is the Board and the Director of Immigration is the interested party. The applicant 4.The applicant, aged 48, is a national of Nigeria. He came to Hong Kong on 14 January 2017 as a visitor. He overstayed and surrendered to the Immigration Department on 10 February 2017, claiming that he had lost his passport. On 30 March 2017, he lodged a non-refoulement claim on the basis that, upon refouled, he would be harmed or killed by his uncle Hachimou, Habib and his gansters. 5.According to the applicant, his uncle tried to dispossess the landed property of his father, who had passed away. His uncle had attempted to take over the land from his mother. He was, at the time of his father’s death, in China and was unable to return to Nigeria for his father’s funeral. He learned from his mother that she and the family had left the land. Since then, he did not have further contact with his mother. From his friend in Nigeria, his uncle is still looking for him. 6.The applicant takes the view that state protection will not be available to him as the police is corrupt and internal relocation is not viable as his uncle may locate him. 7.Details of the applicant’s story can be found in paragraph 6 of the Director’s Decision dated 19 September 2018 (“the Director’s Decision”). The Director’s Decision 8.The Director considered the applicant’s claim in relation to the following risks:
9.By way of the Director’s Decision, the Director dismissed the applicant’s application for the reasons that (i) from his experience, his risk of being harmed or killed if he returns to Nigeria is low [11]-[14]; (ii) state protection will be available to him [12]-18]; and (iii) internal relocation is viable [19]-[22]. The Board’s Decision 10.The applicant appealed the Director’s Decision to the Board. On 19 April 2019, the Board conducted a hearing. The applicant had given oral evidence before the Board. 11.Having considered the evidence, the Board found:
12.The applicant’s appeal was therefore dismissed and the Director’s Decision was confirmed. Application for leave to apply for judicial review of the Board’s Decision 13.The applicant has filed Form 86 dated 14 August 2019 for leave to apply for judicial review of the Board’s Decision. 14.In his affirmation in support of his application, the applicant did not raise any specific ground to challenge the Board’s Decision. DISCUSSION 15.The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to the Board’s Decision on the applicant’s appeal. The Court will not usurp the fact-finding power vested in the Director and the Board. See TK v Michael C Jenkins Esq and Director of Immigration [2013] 1 HKC 526, §40 and Nupur Mst v Director of Immigration [2018] HKCA 524, §14 (1). 16.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny. 17.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:
18.The Board, for the reasons given above, found that the applicant’s claimed risks were unfounded. There is no valid ground from the applicant to challenge the Board’s Decision. 19.There is no reason that the Court should interfere with the Board’s finding of the facts. 20.The applicant fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision. DISPOSITION 21.I refuse to grant leave to the applicant to apply for judicial review of the Board’s Decision. Accordingly, I dismiss his application.
The applicant was unrepresented. |
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