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Khan Wasiq v Torture Claims Appeal Board And Another [Decision On Leave Application]

Judgment Cited authorities 1 Cited in 2 Precedent Map Related
Vincent
Judgment Date29 June 2018
Neutral Citation[2018] HKCFI 1435
Year2018
Judgement NumberHCAL1054/2017
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL1054/2017 KHAN WASIQ v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

HCAL 1054/2017

[2018] HKCFI 1435

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1054 of 2017

BETWEEN
Khan Wasiq Applicant
and
Torture Claims Appeal Board 1st Putative Respondent
Director of Immigration 2nd Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

consideration of the documents only; or
consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge Bruno Chan:

Leave to apply for judicial review refused.

Observations for the Applicant:

1. The applicant is a 40-year-old national of Pakistan who arrived in Hong Kong on 24 August 2011 from China but when he was refused permission to enter, he lodged a torture claim with the Immigration Department on the basis that if he returned to Pakistan he would be harmed or killed over a dispute with his former customers regarding compensations for their stolen motorcycles. He has since been released on recognizance pending the determination of his claim.

2. The applicant was born and raised in District Attock, Pakistan. After leaving school he first worked as a farmer and in 2009 he opened a showroom in Tehsil Hazro trading in new and used motor cycles and where his customers could place their motor cycles for sale and for which he would earn a commission from both the buyer and seller.

3. One day in July 2011 the applicant found that his shop had been broken in and with all the motor bikes stolen including those placed with him for sale by his customers. He immediately reported the burglary to the police and was given a FIR report, but after several weeks when the police’s investigation did not yield any result, and when the applicant did not have the means to compensate his customers for their losses, he thereforeclosed down his shop and his business, but when his customers continued to press him for compensations for their losses and started to threaten to kill him if he still failed to do so, the applicant decided to leave Pakistan for his own safety and departed on 9 August 2011 for China, and when he was refused permission to enter Hong Kong on 25 August 2011, he raised his torture claim with the Immigration Department, and later submitted the Supplementary Claim Form (“SCF”) for non-refoulement claim on 5 November 2014 with legal representation from the Duty Lawyer Service.

4. By a Notice of Decision dated 1 April 2015 the Director of Immigration (“the Director”) rejected the applicant’s claim on all then applicable grounds including risk of torture under Part VIIC of the Immigration Ordinance, Cap 115 (“torture risk”), risk of torture or cruel, inhuman or degrading treatment or punishment under Article 3 of section 8 of the Hong Kong Bill of Rights Ordinance (“HKBOR”), Cap. 383 (“BOR 3 risk”), and risk of persecution with reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees (“persecution risk”).

5. In his decision the Director found on the facts of the applicant’s claim that the level of risk of harm that he feared would materialize to be low, that his problem with hisformer customers was just a case of private monetary dispute without any involvement of the state that state and police protection would be available to him if resorted to, and that objective Country of Origin Information (“COI”) show that reasonable internal relocationalternatives are available in Pakistan with a large population of 196 million people spread across a vast territory of more than 796,000 square kilometers that it is unlikely for his former customers to have the ability or resources to locate him in areas away from his home district such...

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2 cases
  • Re Khan Wasiq
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 10 October 2018
    ...bikes placed at his store were stolen. 3. The facts related to the applicant’s claims were set out by the Judge in the CALL-1 Form at [2018] HKCFI 1435 at [1] to [3]. 4. Since the applicant’s torture claim had already been rejected by the Director, the assessment of his non-refoulement clai......
  • Re Khan Wasiq
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 22 January 2019
    ...as [2018] HKCA 689), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 29 June 2018 ([2018] HKCFI 1435) refusing leave to the applicant to apply for judicial 2. By his notice of motion filed on 18 October 2018, the applicant seeks leave to app......

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