BHARDWAJ RAMANDEEP KAUR AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BHARDWAJ RAMANDEEP KAUR AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court refused leave because the applicants demonstrated no realistic prospect of success: the Board fairly applied anxious scrutiny, found the applicants' evidence credible, and validly concluded internal relocation in India would mitigate the claimed risks; no unconsidered child-specific issues were identified despite lack of legal representation, and any procedural non-compliance was a mere irregularity rather than fatal; accordingly leave to apply for judicial review was refused and the joint application dismissed.

Citation
[2026] HKCFI 824
Parties
1st Applicant / Guardian Ad Litem: Bhardwaj Ramandeep Kaur; 2nd Applicant (minor): Bhardwaj Aaron; 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
16 February 2026
Case Number
HCAL1675/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused and Joint Application Dismissed (final Disposition on Leave)
Outcome
Leave to apply for judicial review refused; joint application dismissed
Legal Topics
Non Refoulement, Torture, Article 2 Right to Life (hkbor), Article 3 CIDTP (hkbor), Internal Relocation, Child Specific Procedural Fairness, Delay/extension of Time, Judicial Review Leave Test
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Article 2 Right to Life (hkbor) Article 3 CIDTP (hkbor) +4 more

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Parties

Bhardwaj Ramandeep Kaur

1st Applicant / Guardian Ad Litem

Bhardwaj Aaron

2nd Applicant (minor)

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 / Leave Application Refused and Joint Application Dismissed (final Disposition on Leave)

Legal Issues

  1. 1 Whether applicants have realistic prospects of success to obtain leave for judicial review of the Board's decisions
  2. 2 Whether the Court should extend time for the mother's out-of-time application
  3. 3 Whether the Board failed to consider child-specific issues given the minor's lack of legal representation

Ratio Decidendi

The court refused leave because the applicants demonstrated no realistic prospect of success: the Board fairly applied anxious scrutiny, found the applicants' evidence credible, and validly concluded internal relocation in India would mitigate the claimed risks; no unconsidered child-specific issues were identified despite lack of legal representation, and any procedural non-compliance was a mere irregularity rather than fatal; accordingly leave to apply for judicial review was refused and the joint application dismissed.

Court Disposition

Leave to apply for judicial review refused; joint application dismissed

Orders

  • Refuse leave to apply for judicial review of the Torture Claims Appeal Board's decisions
  • Dismiss the applicants' joint application