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

GURUNG PURNIMA 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 statutory appeal to the Torture Claims Appeal Board is the appropriate and final forum for the claim, judicial review of the Director's decision is barred absent exceptional circumstances which were not shown, and the applicant also failed to demonstrate a reasonable prospect of success on the merits of her proposed judicial review.

Citation
[2019] HKCFI 1536
Parties
Applicant: Gurung Purnima; 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
13 June 2019
Case Number
HCAL1622/2018
Procedural Posture
Judicial Review Leave Application / Determination on Leave (application Refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment (cidtp), Leave to Apply for Judicial Review, Procedural Fairness, Legal Representation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment (cidtp) +3 more

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Parties

Gurung Purnima

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 Application / Determination on Leave (application Refused)

Legal Issues

  1. 1 Whether an applicant may seek judicial review of the Director of Immigration's decision where a statutory appeal to the Torture Claims Appeal Board exists
  2. 2 Whether exceptional circumstances exist to permit judicial review of the Director's decision
  3. 3 Whether the applicant has a reasonable prospect of success on judicial review

Ratio Decidendi

Leave to apply for judicial review was refused because the statutory appeal to the Torture Claims Appeal Board is the appropriate and final forum for the claim, judicial review of the Director's decision is barred absent exceptional circumstances which were not shown, and the applicant also failed to demonstrate a reasonable prospect of success on the merits of her proposed judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed