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

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

No error of law or procedural unfairness was demonstrated; the Director and the Adjudicator acted reasonably on the evidence, the applicant failed to establish any arguable ground for judicial review, and therefore leave to apply for judicial review was refused.

Source-derived case information.

Citation
[2018] HKCFI 1938
Parties
Applicant: KC Shova; 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
28 September 2018
Case Number
HCAL252/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on Papers and Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Refugee Status, Judicial Review, Procedural Fairness, Standard of Proof, Leave to Apply
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Refugee Status Judicial Review +3 more

Source-derived case record

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Parties

KC Shova

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 Application Considered on Papers and Refused

Legal Issues

  1. 1 Whether there was procedural unfairness in the TCAB hearing
  2. 2 Whether the Director and Adjudicator erred in law or acted unreasonably
  3. 3 Whether the applicant established a real risk of torture or persecution

Ratio Decidendi

No error of law or procedural unfairness was demonstrated; the Director and the Adjudicator acted reasonably on the evidence, the applicant failed to establish any arguable ground for judicial review, and therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.