SANDEEP v. BETTY KWAN, ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

SANDEEP v. BETTY KWAN, ADJUDICATOR OF THE NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to produce particulars or new material to show a real and personal risk to his BOR Article 2 rights or that state protection or internal relocation would be unavailable; the Board's credibility findings and conclusions that risk was low and relocation feasible were open to it on the evidence, so there was no prospect of success for judicial review.

Citation
[2019] HKCFI 1235
Parties
Applicant: Sandeep; 1st Putative Respondent Adjudicator of the Non Refoulement Claims Petition Office: Betty Kwan; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2019
Case Number
HCAL51/2018
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, BOR Article 2 (right to Life), BOR Article 3 (prohibition of Torture and Ill Treatment), State Protection, Internal Relocation, Credibility Findings, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Risk BOR Article 2 (right to Life) +6 more

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Parties

Sandeep

Applicant

Betty Kwan

1st Putative Respondent Adjudicator of the Non Refoulement Claims Petition Office

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether applicant established a real and personal risk engaging BOR Article 2 on return to India
  2. 2 Whether state protection in India would be available and effective
  3. 3 Whether internal relocation within India was a reasonable alternative

Ratio Decidendi

Leave was refused because the applicant failed to produce particulars or new material to show a real and personal risk to his BOR Article 2 rights or that state protection or internal relocation would be unavailable; the Board's credibility findings and conclusions that risk was low and relocation feasible were open to it on the evidence, so there was no prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.