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

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

Leave to apply for judicial review was refused because the applicants failed to present any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Director and Adjudicator considered the evidence, made open and reasonable findings (including adverse credibility findings), treated the dispute as a private property matter with no state involvement, and properly concluded internal relocation was viable.

Citation
[2018] HKCFI 2148
Parties
Applicant: Satish Kumar; Applicant: Pooja Rani; Applicant: Kunal Kumar; Applicant: Rajni Bala; 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
29 November 2018
Case Number
HCAL884/2017
Procedural Posture
Judicial Review Leave Application / Leave Application Refused (considered on Papers)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, HKBORO Article 2, HKBORO Article 3, Refugee Status, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Human Rights Administrative Law Constitutional Law Non Refoulement Torture HKBORO Article 2 HKBORO Article 3 +3 more

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Parties

Satish Kumar

Applicant

Pooja Rani

Applicant

Kunal Kumar

Applicant

Rajni Bala

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 Application Refused (considered on Papers)

Legal Issues

  1. 1 Whether the Director and Adjudicator acted unlawfully or unreasonably in rejecting non-refoulement claims
  2. 2 Whether there was procedural unfairness in the screening and appeal processes
  3. 3 Whether the applicants established risk of torture under section 37U/Immigration Ordinance

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to present any reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Director and Adjudicator considered the evidence, made open and reasonable findings (including adverse credibility findings), treated the dispute as a private property matter with no state involvement, and properly concluded internal relocation was viable.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.