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

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

Leave refused because applicants failed to identify any legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board lawfully rejected the claim on credibility grounds after hearing evidence and the Director reasonably assessed BOR2/BOR3/torture risks and availability of internal relocation.

Citation
[2019] HKCFI 746
Parties
1st Applicant: Rekhi Navdeep Singh; 2nd Applicant: Rekhi Manpreet Kaur; 3rd Applicant: Rekhi Nirwair Kaur; 4th Applicant: Rekhi Yashdeep Singh; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 2019
Case Number
HCAL390/2018
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 (immigration Ordinance Part Viic), Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture and Cidt), Persecution (refugee Convention Article 33), Credibility Findings, Internal Relocation, Right to Legal Representation in Appeals, Language Assistance, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Non Refoulement Torture Risk (immigration Ordinance Part Viic) Article 2 HKBOR (right to Life) Article 3 HKBOR (prohibition of Torture and Cidt) Persecution (refugee Convention Article 33) +5 more

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Parties

Rekhi Navdeep Singh

1st Applicant

Rekhi Manpreet Kaur

2nd Applicant

Rekhi Nirwair Kaur

3rd Applicant

Rekhi Yashdeep Singh

4th Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether absence of legal representation at the Board rendered the appeal unfair
  3. 3 Whether lack of language assistance rendered the appeal unfair

Ratio Decidendi

Leave refused because applicants failed to identify any legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board lawfully rejected the claim on credibility grounds after hearing evidence and the Director reasonably assessed BOR2/BOR3/torture risks and availability of internal relocation.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused