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]

The 2021 leave application was dismissed for want of subject matter because the alleged decision did not exist; the 2023 application was amended to identify the Board as the correct respondent but leave to apply for judicial review was refused because the Board's Decision displayed no error of law, procedural unfairness or irrationality and the applicant had not advanced viable grounds, so the proposed review had no realistic prospect of success.

Citation
[2023] HKCFI 2224
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 August 2023
Case Number
HCAL273/2023
Procedural Posture
Judicial Review Leave Application / Leave Determination (application Decided)
Outcome
2021 leave application dismissed for want of subject matter; 2023 leave application amended to name the Board and ultimately refused leave to apply for judicial review.
Legal Topics
Non Refoulement, Asylum, Procedural Fairness, Judicial Review Leave, Internal Relocation, State Protection
Source Language
EN
Administrative Law Immigration Law Human Rights Law Constitutional Law Non Refoulement Asylum Procedural Fairness Judicial Review Leave +2 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

Judicial Review Leave Application / Leave Determination (application Decided)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted for the Board's decision refusing non-refoulement protection
  2. 2 Whether the 2021 leave application had any subject matter or was fictitious
  3. 3 Whether the correct respondent was named in the 2023 application (Board v Director)

Ratio Decidendi

The 2021 leave application was dismissed for want of subject matter because the alleged decision did not exist; the 2023 application was amended to identify the Board as the correct respondent but leave to apply for judicial review was refused because the Board's Decision displayed no error of law, procedural unfairness or irrationality and the applicant had not advanced viable grounds, so the proposed review had no realistic prospect of success.

Court Disposition

2021 leave application dismissed for want of subject matter; 2023 leave application amended to name the Board and ultimately refused leave to apply for judicial review.

Orders

  • Dismiss HCAL 107/2021 (leave application) for want of subject matter
  • Grant amendment to HCAL 273/2023 to substitute the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office as respondent