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

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

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board's factual findings were supported by evidence and COI, there was no legal or procedural error identified, state protection appeared available and internal relocation was viable, and the Board was not required to visit India.

Citation
[2025] HKCFI 4784
Parties
Applicant: Kunal; 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
13 October 2025
Case Number
HCAL1850/2025
Procedural Posture
Judicial Review (leave Application) / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, State Protection, Internal Relocation, Judicial Review Leave, Procedural Fairness, Country of Origin Information
Source Language
EN
Administrative Law Immigration Law Human Rights Law Constitutional Law Non Refoulement Torture Risk State Protection Internal Relocation +3 more

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Parties

Kunal

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Refused

Legal Issues

  1. 1 Whether the Board erred in law or acted irrationally in dismissing the non-refoulement/torture claim
  2. 2 Whether there was sufficient evidence that applicant faced a personal and systemic risk on return
  3. 3 Whether state protection was unavailable or internal relocation unviable

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate any realistic prospect of success: the Board's factual findings were supported by evidence and COI, there was no legal or procedural error identified, state protection appeared available and internal relocation was viable, and the Board was not required to visit India.

Court Disposition

Leave to apply for judicial review refused

Orders

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