ASHWANI KUMAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ASHWANI KUMAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because the application was not reasonably arguable: the Director and TCAB reached lawful and reasonable conclusions on credibility, state protection and internal relocation; there was no procedural unfairness in absence of representation or translation sufficient to show error of law or breach of fair hearing, and no demonstrable irrationality in the TCAB's decision.

Citation
[2021] HKCFI 3601
Parties
Applicant: Ashwani Kumar; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2021
Case Number
HCAL813/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, State Protection, Credibility Findings, Leave to Apply for Judicial Review, Procedural Fairness (representation and Language Assistance)
Source Language
EN
Constitutional and Administrative Law Immigration Law International Protection / Non Refoulement Non Refoulement State Protection Credibility Findings Leave to Apply for Judicial Review Procedural Fairness (representation and Language Assistance)

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Parties

Ashwani Kumar

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance

Legal Issues

  1. 1 Whether the Director/TCAB erred in law or procedure in dismissing the non-refoulement claim
  2. 2 Whether there was a real risk of persecution or ill-treatment if returned to India
  3. 3 Whether state protection and internal relocation were reasonable and available

Ratio Decidendi

Leave refused because the application was not reasonably arguable: the Director and TCAB reached lawful and reasonable conclusions on credibility, state protection and internal relocation; there was no procedural unfairness in absence of representation or translation sufficient to show error of law or breach of fair hearing, and no demonstrable irrationality in the TCAB's decision.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for Judicial Review refused.