SHRESTHA PRADIP v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SHRESTHA PRADIP v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the Applicant failed to identify any reasonably arguable legal error or procedural unfairness in the Director's and Board's decisions; their adverse credibility findings and conclusions on low risk, state protection and internal relocation were supported by evidence and COI and therefore not reviewable on the papers.

Citation
[2021] HKCFI 991
Parties
Applicant: Shrestha Pradip; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2021
Case Number
HCAL1037/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave refused
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 3, HKBOR Article 2, Refugee Protection, Credibility Assessment, Internal Relocation, State Protection, Judicial Review Leave
Source Language
EN
Immigration Administrative Law Human Rights Constitutional Law Non Refoulement Torture Risk HKBOR Article 3 HKBOR Article 2 +5 more

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Parties

Shrestha Pradip

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave should be granted to judicially review the Board's dismissal of the non-refoulement/torture/persecution claim
  2. 2 Whether the Director and the Board committed legal error or procedural unfairness in assessing risk of torture, ill-treatment or persecution
  3. 3 Whether the Applicant faces a real risk from the Maoists or Nepalese Army on return to Nepal

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable legal error or procedural unfairness in the Director's and Board's decisions; their adverse credibility findings and conclusions on low risk, state protection and internal relocation were supported by evidence and COI and therefore not reviewable on the papers.

Court Disposition

Leave refused

Orders

  • Leave to apply for judicial review refused.