AJAY KUMAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

AJAY KUMAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, the Board's adverse credibility finding was supported by detailed reasons, and even if the risk were real it was localized and removable by state protection or reasonable internal relocation, meaning no arguable non‑refoulement or torture claim for the court to review.

Citation
[2023] HKCFI 950
Parties
Applicant: Ajay Kumar; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2023
Case Number
HCAL185/2019
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, Torture/article 3 HKBOR, Right to Life/article 2 HKBOR, Credibility Findings, Internal Relocation, Judicial Review Standard
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Torture/article 3 HKBOR Right to Life/article 2 HKBOR Credibility Findings +2 more

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Parties

Ajay Kumar

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 the applicant faces a real risk of torture or violation of right to life if returned
  2. 2 Credibility and consistency of the applicant's evidence
  3. 3 Whether state/police protection would be available on return

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable error of law, the Board's adverse credibility finding was supported by detailed reasons, and even if the risk were real it was localized and removable by state protection or reasonable internal relocation, meaning no arguable non‑refoulement or torture claim for the court to review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.