GIRI ANUP KUMAR AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

GIRI ANUP KUMAR AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The Director and the Board lawfully applied the correct legal tests, made findings supported by evidence that the risk was localized and that internal relocation and state protection were reasonably available, and there was no identifiable error of law, irrationality or procedural unfairness (including in relation to the minor) to justify judicial review; accordingly there was no reasonably arguable basis and leave was refused.

Citation
[2021] HKCFI 3843
Parties
1st Applicant: Giri Anup Kumar; 2nd Applicant: Gill Simarjit Kaur; 3rd Applicant: Giri Piyush Kumar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2021
Case Number
HCAL1437/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (consolidated) / Leave Applications Considered on Documents and Oral Submissions; Leave Refused (decision Dated 22 December 2021)
Outcome
Both applications for leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness for Minors
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Judicial Review Leave +1 more

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Parties

Giri Anup Kumar

1st Applicant

Gill Simarjit Kaur

2nd Applicant

Giri Piyush Kumar

3rd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (consolidated) / Leave Applications Considered on Documents and Oral Submissions; Leave Refused (decision Dated 22 December 2021)

Legal Issues

  1. 1 Whether there were substantial grounds for believing applicants faced a real and substantial risk of torture, CIDTP or death if returned to India
  2. 2 Whether internal relocation in India was reasonable and available as an alternative to non-refoulement protection
  3. 3 Whether the Board and the Director applied lawful procedures and afforded high standards of fairness, particularly in respect of the minor applicant

Ratio Decidendi

The Director and the Board lawfully applied the correct legal tests, made findings supported by evidence that the risk was localized and that internal relocation and state protection were reasonably available, and there was no identifiable error of law, irrationality or procedural unfairness (including in relation to the minor) to justify judicial review; accordingly there was no reasonably arguable basis and leave was refused.

Court Disposition

Both applications for leave to apply for judicial review refused

Orders

  • HCAL 1437/2018 be consolidated with HCAL 1878/2020 and Giri Anup Kumar shall be named as the 1st Applicant, Gill Simjit Kaur, the 2nd Applicant and Giri Piyush Kumar, the 3rd Applicant
  • Both applications for leave to apply for judicial review be refused