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

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

The court found no error of law or procedural unfairness in the Director's or Board's decisions: the applicant had had an earlier oral hearing and failed to present further particulars, the additional materials were rightly treated as hearsay, COI relied upon was not unreasonable, and objective evidence supported availability of state protection and internal relocation; therefore there was no realistic prospect of success and leave was refused.

Citation
[2018] HKCFI 926
Parties
Applicant: Vikas; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2018
Case Number
HCAL572/2017
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, Risk of Torture, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment), Internal Relocation, Procedural Fairness, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment) +3 more

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Parties

Vikas

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 unlawfully fettered its discretion
  2. 2 Whether procedural unfairness arose from not holding a further oral hearing
  3. 3 Whether the Board relied on unreliable or hearsay Country of Origin Information

Ratio Decidendi

The court found no error of law or procedural unfairness in the Director's or Board's decisions: the applicant had had an earlier oral hearing and failed to present further particulars, the additional materials were rightly treated as hearsay, COI relied upon was not unreasonable, and objective evidence supported availability of state protection and internal relocation; therefore there was no realistic prospect of success and leave was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (notification dated 4 May 2018)