DIPAK K C v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

DIPAK K C v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant's complaints were not reasonably arguable and he had no realistic prospect of success: the Adjudicator's findings were credible, legally correct, not Wednesbury unreasonable, and there was no procedural unfairness or error of law in the Board's decision regarding state protection, internal relocation and Convention grounds.

Citation
[2019] HKCFI 221
Parties
Applicant: Dipak K C; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2019
Case Number
HCAL770/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Persecution, State Protection, Internal Relocation, Procedural Fairness, Judicial Review, Leave to Apply
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law International Law Non Refoulement Torture +6 more

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Parties

Dipak K C

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application

Legal Issues

  1. 1 Whether leave should be granted to apply for judicial review
  2. 2 Whether lack of legal representation or language assistance rendered the Board's process unfair
  3. 3 Whether the Board erred in its assessment of state protection and internal relocation

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant's complaints were not reasonably arguable and he had no realistic prospect of success: the Adjudicator's findings were credible, legally correct, not Wednesbury unreasonable, and there was no procedural unfairness or error of law in the Board's decision regarding state protection, internal relocation and Convention grounds.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review be refused.