Nasiruddin Miah v Director Of Immigration [Decision On Leave Application]

Judgment Date02 June 2020
Neutral Citation[2020] HKCFI 544
Judgement NumberHCAL1421/2018
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)

HCAL 1421/2018

[2020] HKCFI 544






Nasiruddin Miah Applicant
Director of Immigration Putative Respondent
Torture Claims Appeal Board Putative Interested Party

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)


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 46-year-old national of Bangladesh who entered Hong Kong illegally on 15 June 2008 and was arrested by police on 13 July 2008. After he was referred to the Immigration Department for investigation, he raised a torture claim later taken as a non-refoulement claim on the basis that if he returned to Bangladesh he would be harmed or killed by certain local supporters of rival political party Bangladesh Nationalist Party (“BNP”) and/or by the police over certain false charges against him. He was subsequently released on recognizance pending the determination of his claim.

2. The Applicant was born and raised in Rasulbagh, District Narayanganj, Bangladesh. After leaving school he worked as a salesman, married his wife and raised a family of two children.

3. In 1980 the Applicant followed in the footsteps of his father to become a supporter of political party Awami League (“AL”) without being a party member and merely attended its local meetings and rallies.

4. In 1991 there were major conflicts between BNP and AL which led to violent fights between their supporters, and during one of which the Applicant was accused of being involved in the death of a BNP supporter that he was subsequently sentenced to prison for six years.

5. Upon his release from prison the Applicant went to Dhaka where he ran a grocery store and continued to participate in AL activities. One day in 1997 when he was visiting his family in Narayanganj, he was confronted by some local BNP supporters who demanded that he should leave AL and to join BNP, and when he refused, they proceeded to assault him by punching and kicking him, and before they left, they warned him that if he still refused to join BNP, they would assault him again.

6. Afterwards the Applicant reported the assault to the local police, but when there did not appear to be any action taken by the police, he therefore returned to Dhaka.

7. On another occasion in December 1997, when he was visiting his family in Narayanganj, he was again confronted by several BNP supporters over their demand for him to join their party, and when he refused, they again assaulted him with punches and kicks but he managed to escape back to Dhaka without serious injuries.

8. On another occasion in 1999 when he returned to Narayanganj to visit his family,he was arrested by police after some BNP supporters had made false charges against him for extortion when he was detained at the local police station during which he was beaten by some of the policemen with batons, and it was only on the following day after he was brought to the court when he was granted bail and was released, but he was later arrested again for tempering with witnesses and was eventually convicted and sent to prison until 2002 when he was released and returned to Dhaka.

9. While he remained in Dhaka for the next five years without further incidents, as hewas informed by his family that those BNP supporters were still looking for him everywhere,he felt it was no longer safe to remain in Bangladesh, and so on 27 April 2007 he departed for China, and from there he later sneaked into Hong Kong, and upon his arrest by the police he raised his torture claim later taken as a non-refoulement claim for protection, for which he completed a Non-refoulement Claim Form...

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