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

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

Leave was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness by the Board and had no reasonable prospect of success: the Director's and Board's findings that risk was low and that state protection and internal relocation were available were within their evaluative province and the applicant did not establish BOR 2 or BOR 3 risk.

Citation
[2020] HKCFI 1367
Parties
Applicant: Karun Kumar; 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 July 2020
Case Number
HCAL1779/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture Risk (part VIIC, Immigration Ordinance), BOR Article 2 (right to Life), BOR Article 3 (prohibition of Torture/cidtp), Internal Relocation, Procedural Fairness, Extension of Time for Appeal, Judicial Review Leave Test
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk (part Viic, Immigration Ordinance) BOR Article 2 (right to Life) BOR Article 3 (prohibition of Torture/cidtp) Internal Relocation +3 more

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Parties

Karun Kumar

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 / Decision on Leave Application

Legal Issues

  1. 1 Whether the Board erred in law or committed procedural unfairness in rejecting the non-refoulement/torture claim
  2. 2 Whether the Board erred in refusing to accept a late Notice of Appeal without considering merits and all circumstances
  3. 3 Whether the applicant established a real risk under BOR Article 2 or Article 3 or under Part VIIC of the Immigration Ordinance

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any arguable error of law or procedural unfairness by the Board and had no reasonable prospect of success: the Director's and Board's findings that risk was low and that state protection and internal relocation were available were within their evaluative province and the applicant did not establish BOR 2 or BOR 3 risk.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.