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

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

Leave was refused because the applicant had no reasonable prospect of success: his substantive risk claims were unsupported on the facts, procedural complaints were speculative or without merit (he had prior representation and gave instructions for his NCF, failed to attend the Board hearing and did not provide additional facts on BOR 2 risk), and the Director and Board correctly applied legal standards including consideration of state protection and reasonable internal relocation alternatives.

Citation
[2018] HKCFI 1437
Parties
Applicant: Ashwani Kumar; Putative Respondent: Torture Claims Appeal Board; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2018
Case Number
HCAL866/2017
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 Risk (part VIIC Immigration Ordinance), HKBOR Article 3 (cruel, Inhuman or Degrading Treatment), HKBOR Article 2 (right to Life), Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Article 3 (cruel, Inhuman or Degrading Treatment) +4 more

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Parties

Ashwani Kumar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether applicant was entitled to free legal representation at appeal to the Board
  2. 2 Whether failure to provide translation/language assistance for the NCF denied a fair hearing
  3. 3 Whether authorities failed to assist applicant in adducing facts relevant to BOR Article 2 risk

Ratio Decidendi

Leave was refused because the applicant had no reasonable prospect of success: his substantive risk claims were unsupported on the facts, procedural complaints were speculative or without merit (he had prior representation and gave instructions for his NCF, failed to attend the Board hearing and did not provide additional facts on BOR 2 risk), and the Director and Board correctly applied legal standards including consideration of state protection and reasonable internal relocation alternatives.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (dated 29 June 2018)