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

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

Leave to apply for judicial review was refused because the Director of Immigration and the TCAB lawfully considered the applicant's evidence against the statutory and international standards for torture, CIDTP, refugee persecution and risk to life, made justified adverse credibility findings, correctly characterised the dispute as a private familial land dispute not amounting to persecution, and their decisions were not Wednesbury unreasonable nor procedurally unfair.

Citation
[2018] HKCFI 1627
Parties
Applicant: Narinder Kumar; 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
24 July 2018
Case Number
HCAL674/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application After Oral Hearing; Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment, Refugee Persecution, Right to Life, Wednesbury Unreasonableness, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment +4 more

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Parties

Narinder Kumar

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application After Oral Hearing; Leave Refused

Legal Issues

  1. 1 Whether applicant faced a real risk of torture within the meaning of section 37U(1) Immigration Ordinance and Article 1 CAT
  2. 2 Whether applicant faced a real risk of CIDTP under BOR s.8 Article 3 and ICCPR Article 7
  3. 3 Whether applicant faced persecution for purposes of the 1951 Refugee Convention and Protocol (Articles 33 and 1A(2))

Ratio Decidendi

Leave to apply for judicial review was refused because the Director of Immigration and the TCAB lawfully considered the applicant's evidence against the statutory and international standards for torture, CIDTP, refugee persecution and risk to life, made justified adverse credibility findings, correctly characterised the dispute as a private familial land dispute not amounting to persecution, and their decisions were not Wednesbury unreasonable nor procedurally unfair.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review is refused.