RAI AASKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

RAI AASKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; both decision‑makers rationally concluded the risk was localized and manageable by state protection or reasonable internal relocation, and the minor's lack of representation did not reveal a materially different, arguable non‑refoulement claim.

Citation
[2021] HKCFI 1043
Parties
1st Applicant: Rai Aaska; 2nd Applicant: Rai Adriel; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2021
Case Number
HCAL1105/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non‑refoulement, Risk of Torture, Internal Relocation, Judicial Review Standard, Minor Representation in Non‑refoulement Proceedings
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Asylum / Non‑refoulement Non‑refoulement Risk of Torture Internal Relocation +2 more

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Parties

Rai Aaska

1st Applicant

Rai Adriel

2nd Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether there are substantial grounds to believe applicants face real risk of torture or death on return to India
  2. 2 Whether state protection or internal relocation would avoid risk
  3. 3 Whether Board and Director committed legal error, irrationality or procedural unfairness

Ratio Decidendi

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; both decision‑makers rationally concluded the risk was localized and manageable by state protection or reasonable internal relocation, and the minor's lack of representation did not reveal a materially different, arguable non‑refoulement claim.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused