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

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

The leave application is dismissed because the grounds were generic and unparticularised, the Applicant failed to identify any reasonably arguable public law error or procedural unfairness that would vitiate the TCAB/NRCPO decision, the Applicant had opportunity to present submissions at the hearing, and the decision-maker's assessments on credibility, COI, risk, state protection and internal relocation were within its province and not shown to be irrational or legally flawed.

Citation
[2025] HKCFI 4031
Parties
Applicant: Lama Dev Shree; 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
8 September 2025
Case Number
HCAL625/2020
Procedural Posture
Judicial Review (leave Application) / Decision on Application for Leave to Apply for Judicial Review (leave Dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Procedural Fairness, Standard of Review (enhanced Wednesbury/anxious Scrutiny), Internal Relocation, Country of Origin Information (coi)
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Risk Procedural Fairness Standard of Review (enhanced Wednesbury/anxious Scrutiny) +2 more

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Parties

Lama Dev Shree

Applicant

Torture Claims Appeal Board/Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Decision on Application for Leave to Apply for Judicial Review (leave Dismissed)

Legal Issues

  1. 1 Whether the TCAB/NRCPO breached procedural fairness
  2. 2 Whether the decision was irrational/unreasonable in public law (Wednesbury)
  3. 3 Whether the decision-maker unlawfully fettered discretion

Ratio Decidendi

The leave application is dismissed because the grounds were generic and unparticularised, the Applicant failed to identify any reasonably arguable public law error or procedural unfairness that would vitiate the TCAB/NRCPO decision, the Applicant had opportunity to present submissions at the hearing, and the decision-maker's assessments on credibility, COI, risk, state protection and internal relocation were within its province and not shown to be irrational or legally flawed.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Form 86 amended on the Court's own motion to name only the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office as the Putative Respondent
  • Application for leave to apply for judicial review dismissed