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

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

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions, both of which lawfully and rationally concluded the risk was localized, state protection and internal relocation were available, and therefore there was no prospect of success on judicial review.

Citation
[2021] HKCFI 1288
Parties
Applicant: Ashwani Kumar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2021
Case Number
HCAL1513/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Risk of Torture, Internal Relocation, State Protection, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture Internal Relocation State Protection +1 more

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Parties

Ashwani Kumar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonably arguable grounds to seek judicial review of the Board's decision
  2. 2 Whether the Director and the Board made legal errors, acted irrationally or denied procedural fairness
  3. 3 Whether the applicant faces real risk of torture, death or persecution if returned to India

Ratio Decidendi

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions, both of which lawfully and rationally concluded the risk was localized, state protection and internal relocation were available, and therefore there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused