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

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

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable ground of illegality, irrationality or procedural unfairness; the Adjudicator lawfully conducted a rehearing, properly applied legal tests and found the applicant's evidence unreliable, and there was no realistic prospect of success for judicial review.

Citation
[2019] HKCFI 486
Parties
Applicant: Newar Dipak; 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 April 2019
Case Number
HCAL75/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Consideration on the Papers
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Refugee Status, Bill of Rights (bor2, Bor3), Leave to Apply for Judicial Review, Unified Screening Mechanism
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Refugee Status Bill of Rights (bor2, Bor3) +2 more

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Parties

Newar Dipak

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 / Consideration on the Papers

Legal Issues

  1. 1 Whether the applicant established arguable grounds of unlawfulness, unreasonableness or unfairness to obtain leave for judicial review
  2. 2 Whether the Adjudicator and TCAB conducted a fair rehearing and applied the correct legal tests
  3. 3 Whether the Director's decision is susceptible to judicial review after an appeal to the TCAB

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable ground of illegality, irrationality or procedural unfairness; the Adjudicator lawfully conducted a rehearing, properly applied legal tests and found the applicant's evidence unreliable, and there was no realistic prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused