MITHUN KUMAR v. TORTURE CLAIMS APPEAL BOARD

MITHUN KUMAR v. TORTURE CLAIMS APPEAL BOARD

The Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both bodies reasonably found the claim unreliable and that internal relocation and state protection were available; therefore there was no prospect of success and leave to apply for judicial review was refused.

Citation
[2021] HKCFI 1423
Parties
Applicant: Mithun Kumar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2021
Case Number
HCAL984/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Judicial Review (leave), Screening and Appeal Process, HKBOR Articles 2 and 3
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Procedural Fairness +3 more

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Parties

Mithun Kumar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage (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 made errors of law, irrationality or procedural unfairness
  3. 3 Whether the Applicant's claim of risk (torture/persecution) was credible and supported by reliable evidence

Ratio Decidendi

The Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both bodies reasonably found the claim unreliable and that internal relocation and state protection were available; therefore there was no prospect of success and 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.