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

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

Leave to apply for judicial review was refused because the applicant failed to show any realistic prospect of success; the Board's adverse credibility findings and conclusions that there was no real and foreseeable risk of serious harm or killing, and that state protection and internal relocation were available, fell within the Board's fact‑finding province and were not shown to involve error of law, procedural unfairness or irrationality.

Citation
[2026] HKCFI 2214
Parties
Applicant: Sanjeev Kumar; 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
30 April 2026
Case Number
HCAL1474/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (notification of Judge's Decision)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Refugee Convention Article 33 (persecution), Judicial Review, Credibility Findings, State Protection, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Refugee Convention Article 33 (persecution) Judicial Review +3 more

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Parties

Sanjeev Kumar

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 / Leave Application Refused (notification of Judge's Decision)

Legal Issues

  1. 1 Whether the Board's decision contained errors of law or procedural unfairness warranting judicial review
  2. 2 Whether the applicant has a realistic prospect of success on alleged risks of torture, violation of right to life or persecution on return
  3. 3 Whether findings on credibility, state protection and internal relocation were unreasonable or irrational

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to show any realistic prospect of success; the Board's adverse credibility findings and conclusions that there was no real and foreseeable risk of serious harm or killing, and that state protection and internal relocation were available, fell within the Board's fact‑finding province and were not shown to involve error of law, procedural unfairness or irrationality.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Applicant's application for leave dismissed.