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

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

Leave refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's and Board's decisions; the primary decision makers reasonably assessed risk as low, state protection and internal relocation were available, and judicial review is not a vehicle to re-evaluate those assessments.

Citation
[2021] HKCFI 736
Parties
Applicant: Munish Kumar; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2021
Case Number
HCAL862/2018
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, Torture Risk, HKBOR Article 3, HKBOR Article 2, Risk of Persecution, Internal Relocation, State Acquiescence, Procedural Fairness, Wednesbury Unreasonableness, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk HKBOR Article 3 +7 more

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Parties

Munish 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 the Director and the Board erred in law or committed procedural unfairness in rejecting non-refoulement claim
  2. 2 Whether state acquiescence or state involvement rendered applicant at risk and whether that was properly considered
  3. 3 Whether the Director and the Board failed to take into account or improperly weighed Country of Origin Information

Ratio Decidendi

Leave refused because the applicant failed to identify any arguable legal error or procedural unfairness in the Director's and Board's decisions; the primary decision makers reasonably assessed risk as low, state protection and internal relocation were available, and judicial review is not a vehicle to re-evaluate those assessments.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.