Shipon M R Shamsuzzaman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 2935/2019 [2025] HKCFI 1534 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 2935 OF 2019 _____________
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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 3 October 2019 of the Torture Claims Appeal Board (“the Board’s Decision”), dismissing the appeal against the Director’s Decision as described below. 2.The applicant asked for a hearing. However, he was absent at the hearing on 19 March 2025. I shall deal with his application on the papers. The applicant 3.The applicant, aged 48, is a national of Bangladesh. He was arrested by police for illegally entering and remaining in Hong Kong on 5 January 2016. In due course, the applicant lodged his non-refoulement claim. 4.The applicant’s claim was based on his fear of being harmed or killed by members of the Awami League (“AL”) as the applicant was a member/secretary of the Bangladesh Nationalist Party (“BNP”). 5.According to the applicant, he had problems with AL They demanded extortion money from him. He refused. Then he was attacked by the AL people with knives and he suffered wound cuts on his wrist and thumb. He was also threatened with death. His wife was pregnant and was scared. Details of his claim are set out at paragraph 6 of the Notice of Decision dated 8 January 2019 by the Director (the “Director’s Decision”). The Director’s Decision 6.The Director considered the applicant’s claim in relation to the following risks:
7.By way of the Director’s Decision, the Director assessed the applicant’s claim and dismissed his claim. In summary, the Director found that: there were no substantial grounds to believe that the claimed future risk of harm from the AL members was real and foreseeable taking into account the intensity and frequency of past ill-treatment [12], state protection was available [16-21]; and internal relocation alternatives were available and reasonable [22-23]. The Board’s Decision 8.The applicant appealed the Director’s Decision to the Board. On 6 August 2019, the Board conducted an oral hearing for his appeal. At the hearing, the applicant had the assistance of a Bengali interpreter and confirmed that they understood each other while confirming that the information supplied by the applicant was true [6-9]. 9.Having considered the evidence, the Board did not accept that the applicant presented any credible evidence that his life was at real risk under the applicable grounds [66, 69, 73, 80]. In any event, having considered the evidence, internal relocation was a reasonable option [81-88]. In conclusion, the Board held the applicant’s claim failed under all applicable grounds. It therefore dismissed his appeal and confirmed the Director’s Decision. Application for leave to apply for judicial review of the Board’s Decision 10.The applicant has filed Form 86 dated 8 October 2019 for leave to apply for judicial review of the Board’s Decision. The applicant did not put forth any valid grounds for his application. 11.In the applicant’s affirmation in support of his application, the applicant exhibited his hearing bundle including the Director’s and Board’s Decisions but again did not put forth any grounds. DISCUSSION 12.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). 13.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny. 14.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:
15.The applicant has raised no valid ground to challenge the Board’s findings. 16.The applicant fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision. DISPOSITION 17.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 and did not appear. | |||||||||||||||||||||||||||||
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Cases cited in this judgment
Mobarok Md v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mohammed Arif Mirdha v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hoque Md Akramul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Amandeep Kaur v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Adil Badshah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hossain Shaikh Samad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Waqas Ali Shah v. Torture Claims Appeal Board
Manga Singh v. Torture Claims Appeal Board
Muhammad Ashfaq v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Jabonete Cherry Ann Daldawon v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Dela Cruz Rosalino Jr Rabang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sukhdeep Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Tenorio Odessa Atienza v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bashir Atif v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kewal Krishan v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Suala Chutiman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kakaeo Kirita v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sombuthom Jutamanee v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Agusnoto v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Lakhwinder Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 2935/2019