MANINDER KUMAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

MANINDER KUMAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's and the Board's decisions; those decisions reasonably assessed low risk, possible state protection and viable internal relocation, so there was no prospect of success on judicial review.

Citation
[2020] HKCFI 2658
Parties
Applicant: Maninder Kumar; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2020
Case Number
HCAL1068/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Risk of Torture (part VIIC Immigration Ordinance), Article 3 HKBOR (cruel, Inhuman or Degrading Treatment), Article 2 HKBOR (right to Life), Internal Relocation, Standard of Judicial Review for Non Refoulement Decisions, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture (part VIIC Immigration Ordinance) Article 3 HKBOR (cruel, Inhuman or Degrading Treatment) Article 2 HKBOR (right to Life) Internal Relocation +2 more

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Parties

Maninder Kumar

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board committed an error of law or procedural unfairness in rejecting the non-refoulement claim
  3. 3 Whether internal relocation within India is a reasonable alternative

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director's and the Board's decisions; those decisions reasonably assessed low risk, possible state protection and viable internal relocation, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused