CHHETRI KAMALA v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

CHHETRI KAMALA v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; both decision‑makers reasonably concluded there was no real or foreseeable risk from a husband last contacted about 20 years earlier, and state protection and internal relocation in Nepal were available, so judicial review was not merited.

Citation
[2022] HKCFI 1776
Parties
Applicant: Chhetri Kamala; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2022
Case Number
HCAL1118/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review, Screening Decision, Procedural Fairness
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Deportation Non Refoulement Torture Risk Internal Relocation +3 more

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Parties

Chhetri Kamala

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Director and the Torture Claims Appeal Board erred in law or acted irrationally in rejecting the applicant's non-refoulement claim
  2. 2 Whether risk from a private actor (husband) engages protection under Part VIIC Immigration Ordinance, HKBOR Articles 2 and 3 or the Refugee Convention Article 33
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

Leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; both decision‑makers reasonably concluded there was no real or foreseeable risk from a husband last contacted about 20 years earlier, and state protection and internal relocation in Nepal were available, so judicial review was not merited.

Court Disposition

Leave application dismissed

Orders

  • The application for leave to apply for judicial review is dismissed.