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

THING BIJAY 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 the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision directly, the Board provided a fair hearing, and the Board's adverse credibility findings fatally undermined any prospect of success; therefore the application had no reasonable prospect of success and leave was refused.

Citation
[2019] HKCFI 1779
Parties
Applicant: Thing Bijay; 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
17 July 2019
Case Number
HCAL1586/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave (leave Hearing)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Leave to Apply for Judicial Review, Right to Legal Representation, Finality of Statutory Appeals
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Leave to Apply for Judicial Review +2 more

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Parties

Thing Bijay

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 / Application for Leave (leave Hearing)

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director's decision in the absence of exceptional circumstances
  2. 2 Whether the appellant received a fair hearing before the Board (translation and legal representation issues)
  3. 3 Whether the Board's adverse credibility findings were justified and fatal to the claim

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision directly, the Board provided a fair hearing, and the Board's adverse credibility findings fatally undermined any prospect of success; therefore the application had no reasonable prospect of success and leave was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Refuse leave to apply for judicial review of the Director's Decision
  • Refuse leave to apply for judicial review of the Board's Decision and dismiss the application