SHASHANK v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

SHASHANK v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because (1) judicial review of the Director's decision is not permitted without exceptional circumstances and none were shown, and (2) the applicant failed to demonstrate a reasonable prospect of success against the Board given adverse credibility findings and his admission he understood the proceedings; accordingly the application has no reasonable prospect of success and leave is denied.

Citation
[2019] HKCFI 612
Parties
Applicant: Shashank; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2019
Case Number
HCAL1567/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Application for Leave
Outcome
Application for leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Judicial Review — Leave, Credibility Findings, Procedural Fairness — Language Assistance
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP Judicial Review — Leave +2 more

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Parties

Shashank

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Application for Leave

Legal Issues

  1. 1 Whether an applicant may seek judicial review of the Director of Immigration's decision without exceptional circumstances
  2. 2 Whether the applicant received a fair hearing and adequate language assistance
  3. 3 Whether adverse credibility findings by the Board defeat the applicant's non-refoulement/torture claim

Ratio Decidendi

Leave to apply for judicial review was refused because (1) judicial review of the Director's decision is not permitted without exceptional circumstances and none were shown, and (2) the applicant failed to demonstrate a reasonable prospect of success against the Board given adverse credibility findings and his admission he understood the proceedings; accordingly the application has no reasonable prospect of success and leave is denied.

Court Disposition

Application for leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review of the Director of Immigration's decision refused.
  • Leave to apply for judicial review of the Torture Claims Appeal Board's decision refused.