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Re Farooq Ahmed

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
Judgment Date24 December 2018
Neutral Citation[2018] HKCA 1006
Year2018
Judgement NumberCACV373/2018
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV373/2018 RE FAROOQ AHMED

CACV 373/2018

[2018] HKCA 1006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 373 OF 2018

(ON APPEAL FROM HCAL NO. 789 OF 2017)

________________________

RE: FAROOQ AHMED Applicant

________________________

Before : Hon Cheung and Poon JJA in Court
Date of Judgment : 24 December 2018

____________________

J U D G M E N T

____________________

Hon Cheung JA (giving Judgment of the Court) :

1) The appeal

1.1 This is an appeal against the decision of Honourable Mrs Justice Campbell-Moffat who refused to grant leave to the applicant to apply for judicial review against decisions of the Director of Immigration (‘the Director’) and the Torture Claims Appeal Board (‘the Board’).

1.2 The applicant did not comply with the directions of the Registrar of Civil Appeals dated 20 September 2018 and did not lodge any skeleton submission. The original hearing fixed for 21 December 2018 was hence vacated, and the applicant’s appeal is now being considered on paper.

2) Background

2.1 The applicant is a national of Pakistan. He first arrived in Hong Kong legally on 4 June 2003 and overstayed. He lodged a torture claim on 3 February 2008. On 23 November 2009, he withdrew his claim. He was later sentenced to one month imprisonment for breach of condition of stay. He was repatriated to Pakistan on 24 February 2010. On 13 August 2015, he entered Hong Kong again by boat illegally. His non-refoulement claim form was submitted on 12 December 2016.

2.2 He lodged the non-refoulement claim on the basis that if he returned to Pakistan, he would be harmed or killed by members of the Choudry family, who are politically influential in Pakistan.

2.3 The details of the applicant’s claim have been summarized by the Judge at [5] to [7] of the CALL-1 Form.

3) The Director’s Decision

3. The Director of Immigration decided against the applicant’s torture claim on 24 January 2017. The Director’s Decision covered the applicant’s rights under Article 2 (right to life) (‘BOR 2’) and Article 3 (right against torture and cruel and inhuman treatment etc) (‘BOR 3’) of the Bill of Rights as well as his other statutory and convention rights against torture and persecution.

4) The Board’s Decision

4.1 The applicant appealed against the Director’s decision to the Board on 3 February 2017. After a hearing held on 1 August 2017, the Board dismissed the appeal.

4.2 At the hearing of the Board, the applicant requested for his case to be...

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