KULDEEP KUMAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

KULDEEP KUMAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

No exceptional circumstances were shown to permit judicial review of the Director's decision and the Board's factual credibility finding was reasonable and lawful; therefore the applicant has no realistic prospect of success and leave is refused.

Citation
[2019] HKCFI 110
Parties
Applicant: Kuldeep Kumar; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2019
Case Number
HCAL921/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Application for leave for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Credibility Findings, State Protection/acquiescence, Judicial Review Leave Test, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Non Refoulement Torture and CIDTP Credibility Findings +3 more

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Parties

Kuldeep Kumar

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director's decision absent exceptional circumstances when a statutory appeal to the Board exists
  2. 2 Whether the Adjudicator properly rejected the applicant's evidence on credibility
  3. 3 Whether there was state involvement or acquiescence amounting to risk on return

Ratio Decidendi

No exceptional circumstances were shown to permit judicial review of the Director's decision and the Board's factual credibility finding was reasonable and lawful; therefore the applicant has no realistic prospect of success and leave is refused.

Court Disposition

Application for leave for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed