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

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

Under rigorous scrutiny the Adjudicator's findings were supported by evidence, the appeal bundle was served within prescribed time, the applicant failed to show prejudice from lack of representation or language difficulties, and there was no error of law or procedural unfairness; therefore leave to apply for judicial review was refused.

Citation
[2019] HKCFI 2055
Parties
Applicant: Bhupinder 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
20 August 2019
Case Number
HCAL929/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Convention, Judicial Review, Procedural Fairness, Internal Relocation, State Protection, Screening Process
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Convention Judicial Review +4 more

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Parties

Bhupinder Kumar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Refused

Legal Issues

  1. 1 Whether the Adjudicator acted with procedural unfairness
  2. 2 Whether the Adjudicator's credibility findings were Wednesbury unreasonable
  3. 3 Whether lack of legal representation at appeal stage prejudiced the applicant

Ratio Decidendi

Under rigorous scrutiny the Adjudicator's findings were supported by evidence, the appeal bundle was served within prescribed time, the applicant failed to show prejudice from lack of representation or language difficulties, and there was no error of law or procedural unfairness; therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused