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

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

Leave was refused because the applicant failed to demonstrate any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness; the TCAB rehearing precluded review of the Director's decision and the Adjudicator's reasoned dismissal of the claim was open on the facts and legally sound.

Source-derived case information.

Citation
[2018] HKCFI 2216
Parties
Applicant: Jarnail Dass; 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
7 December 2018
Case Number
HCAL943/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Considered on the Papers
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, BOR2 Right to Life, BOR3 Prohibition of Torture, Unified Screening Mechanism, Judicial Review Leave, Procedural Fairness, Standard of Proof
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk BOR2 Right to Life +5 more

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Parties

Jarnail Dass

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage Considered on the Papers

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director's decision is amenable to judicial review after appeal to the TCAB
  3. 3 Whether the Adjudicator erred in law or acted unfairly in dismissing the non-refoulement claim

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any reasonably arguable ground of unlawfulness, unreasonableness or procedural unfairness; the TCAB rehearing precluded review of the Director's decision and the Adjudicator's reasoned dismissal of the claim was open on the facts and legally sound.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for Judicial Review be refused.