MANJIT SINGH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MANJIT SINGH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility findings were supported by evidence; the Director and Board reasonably found the risk to be low and internal relocation available; and any lack of representation for the minors did not produce a material denial of fairness given the absence of meritorious grounds.

Citation
[2021] HKCFI 2168
Parties
1st Applicant: Manjit Singh; 2nd Applicant: Gurpreet Kaur; 3rd Applicant: Manjit Harseerat Kaur; 4th Applicant: Manjit Gurleen Kaur; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 August 2021
Case Number
HCAL1548/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (notification)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review Leave, Credibility Findings, Internal Relocation, Minors' Representation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claims Judicial Review Leave Credibility Findings +3 more

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Parties

Manjit Singh

1st Applicant

Gurpreet Kaur

2nd Applicant

Manjit Harseerat Kaur

3rd Applicant

Manjit Gurleen Kaur

4th 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 (notification)

Legal Issues

  1. 1 Whether applicants established arguable error of law, irrationality or procedural unfairness to obtain leave to apply for judicial review
  2. 2 Whether the Board's adverse credibility findings were subject to review on judicial review grounds
  3. 3 Whether internal relocation within India was a reasonable alternative to non-refoulement protection

Ratio Decidendi

Leave was refused because the applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's decision; the Board's adverse credibility findings were supported by evidence; the Director and Board reasonably found the risk to be low and internal relocation available; and any lack of representation for the minors did not produce a material denial of fairness given the absence of meritorious grounds.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.