CHARAN KAMAL v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

CHARAN KAMAL v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness; the Director and the Board lawfully concluded the risk was localized, state protection and reasonable internal relocation in India were available, and there was no prospect of success on judicial review.

Citation
[2019] HKCFI 818
Parties
Applicant: Charan Kamal; 1st Putative Respondent: Torture Claims Appeal Board/Non-Refoulement Claims Petition office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2019
Case Number
HCAL85/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR Internal Relocation +2 more

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Parties

Charan Kamal

Applicant

Torture Claims Appeal Board/Non-Refoulement Claims Petition office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and the Board misdirected themselves as to law by requiring past torture to infer future risk
  2. 2 Whether the decision-making involved procedural impropriety for failure to consider or update Country of Origin Information (COI)
  3. 3 Whether the decisions were irrational/Wednesbury-unreasonable or amounted to improper weighing or cherry-picking of COI

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness; the Director and the Board lawfully concluded the risk was localized, state protection and reasonable internal relocation in India were available, and 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.