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

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

Leave to apply for judicial review was refused because the Adjudicator conducted a thorough, lawful and fair rehearing: he gave the applicant opportunities to state his case, considered relevant country-of-origin information, provided adequate reasons for his findings, reasonably concluded there was no Convention-ground persecution or sufficient severity for torture/BOR risks and that state protection/internal relocation were available, and the applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality and thus no realistic prospect of success.

Citation
[2019] HKCFI 972
Parties
Applicant: Pal Sushil Kumar; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2019
Case Number
HCAL833/2018
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, Persecution, Procedural Fairness, Judicial Review, Screening Process, Legal Representation, Country of Origin Information, State Protection, Internal Relocation
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Refugee Law Non Refoulement Torture Persecution +7 more

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Parties

Pal Sushil Kumar

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

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 Board erred in law or procedurally in refusing the applicant's non-refoulement claim
  2. 2 Whether the applicant was denied fair process by lack of legal representation or interpretation at the appeal stage
  3. 3 Whether the Adjudicator properly considered country-of-origin information and gave adequate reasons

Ratio Decidendi

Leave to apply for judicial review was refused because the Adjudicator conducted a thorough, lawful and fair rehearing: he gave the applicant opportunities to state his case, considered relevant country-of-origin information, provided adequate reasons for his findings, reasonably concluded there was no Convention-ground persecution or sufficient severity for torture/BOR risks and that state protection/internal relocation were available, and the applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality and thus no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review is refused.