JASSAL TAJINDER KUMAR AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

JASSAL TAJINDER KUMAR AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave refused because the Board lawfully and fairly considered the evidence and COI, correctly assessed the risk as localized and low, reasonably concluded state protection and internal relocation were available, and no arguable error of law or procedural unfairness was demonstrated that would justify granting leave for judicial review.

Citation
[2020] HKCFI 479
Parties
1st Applicant: Jassal Tajinder Kumar; 2nd Applicant: Jassal Gurpreet Kaur; 3rd Applicant: Jassal Rahul; 4th Applicant: Jassal Rohan; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 2020
Case Number
HCAL303/2018
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 2 (right to Life), HKBOR Article 3 (prohibition of Torture), Internal Relocation, Judicial Review Leave, Procedural Fairness, Country of Origin Information
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +5 more

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Parties

Jassal Tajinder Kumar

1st Applicant

Jassal Gurpreet Kaur

2nd Applicant

Jassal Rahul

3rd Applicant

Jassal Rohan

4th Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

The 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 Torture Claims Appeal Board erred in law or procedure in assessing risk of harm on return to India
  2. 2 Whether the Board failed to take the applicants' evidence and documentary material seriously
  3. 3 Whether reasonable internal relocation in India was available to the applicants

Ratio Decidendi

Leave refused because the Board lawfully and fairly considered the evidence and COI, correctly assessed the risk as localized and low, reasonably concluded state protection and internal relocation were available, and no arguable error of law or procedural unfairness was demonstrated that would justify granting leave for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused