AMANDIP SINGH v. ADJUDICATOR OF TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

AMANDIP SINGH v. ADJUDICATOR OF TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the factual findings that the risk was localized and internal relocation was reasonable were open to them and judicial review cannot be used to rehear those assessments.

Citation
[2020] HKCFI 1434
Parties
Applicant: Amandip Singh; 1st Putative Respondent: Adjudicator of Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 2020
Case Number
HCAL461/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture/hkbor) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk Under Immigration Ordinance Part VIIC, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture/inhuman Treatment), Internal Relocation, Judicial Review Standard of Review, Procedural Fairness, Screening and Appeal to Torture Claims Appeal Board
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Risk Under Immigration Ordinance Part VIIC HKBOR Article 2 (right to Life) +5 more

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Parties

Amandip Singh

Applicant

Adjudicator of Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture/hkbor) / Leave Application Refused

Legal Issues

  1. 1 Whether there was any reasonably arguable legal error or procedural unfairness in the Director's or Board's decisions
  2. 2 Whether the Applicant faces a real risk of torture or violation of non-derogable rights on return to India
  3. 3 Whether internal relocation within India was a reasonable alternative

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or the Board's decisions; the factual findings that the risk was localized and internal relocation was reasonable were open to them and judicial review cannot be used to rehear those assessments.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.