SUNAR SANKAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SUNAR SANKAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant's grounds were broad, vague and lacked particulars; the Board made reasoned adverse credibility findings after an oral hearing which were not shown to involve legal error or procedural unfairness; COI undermined the applicant's factual claims and showed internal relocation was reasonable; accordingly there was no realistic prospect of success on judicial review.

Citation
[2022] HKCFI 2237
Parties
Applicant: Sunar Sankar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2022
Case Number
HCAL112/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Articles 2 and 3, Credibility Findings, Country of Origin Information (coi), Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Articles 2 and 3 +5 more

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Parties

Sunar Sankar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the Board failed to make its own findings and improperly adopted materials without inquiry
  2. 2 Whether the Board relied improperly or selectively on a single COI
  3. 3 Whether the Board dismissed the claim solely on credibility without proper consideration of facts and COI

Ratio Decidendi

Leave was refused because the applicant's grounds were broad, vague and lacked particulars; the Board made reasoned adverse credibility findings after an oral hearing which were not shown to involve legal error or procedural unfairness; COI undermined the applicant's factual claims and showed internal relocation was reasonable; accordingly there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused