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

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

No reasonably arguable basis for judicial review was established because the Director and the Adjudicator applied the correct legal tests, considered relevant and credible evidence, gave the applicant opportunity to present his case, made permissible credibility findings (including adverse weight to the applicant's return to India and inconsistent accounts) and there was no error of law, procedural unfairness or irrationality; therefore leave to apply for judicial review was refused.

Citation
[2018] HKCFI 1785
Parties
Applicant: Panchanathan Ramu; 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
14 September 2018
Case Number
HCAL793/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture Screening) / Decision on Leave Application (leave Refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non‑refoulement, Torture Risk (immigration Ordinance Part Viic), BOR Article 3 (cruel, Inhuman or Degrading Treatment), BOR Article 2 (right to Life), Refugee Convention Article 33 (persecution), Leave to Apply for Judicial Review, Procedural Fairness, Standard and Burden of Proof, Credibility Findings, Rehearing Vs Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non‑refoulement Torture Risk (immigration Ordinance Part Viic) BOR Article 3 (cruel, Inhuman or Degrading Treatment) +7 more

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Parties

Panchanathan Ramu

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 (non‑refoulement/torture Screening) / Decision on Leave Application (leave Refused)

Legal Issues

  1. 1 Whether the Director and the Adjudicator acted unlawfully, unfairly or unreasonably in rejecting the applicant's non‑refoulement/torture claim
  2. 2 Whether the applicant established a real, personal and substantial risk of torture, ill‑treatment, persecution or deprivation of life on return to India
  3. 3 Whether the applicant's conduct (returning to India in 2013 and failing to claim protection) undermined credibility and the claim

Ratio Decidendi

No reasonably arguable basis for judicial review was established because the Director and the Adjudicator applied the correct legal tests, considered relevant and credible evidence, gave the applicant opportunity to present his case, made permissible credibility findings (including adverse weight to the applicant's return to India and inconsistent accounts) and there was no error of law, procedural unfairness or irrationality; therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.