AMRITPAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
The leave application was dismissed because it was filed out of time with no application or explanation for an extension and, on the merits, the Board's decision was rational and lawfully reached based on adverse credibility findings, such that there was no reasonably arguable case with a realistic prospect of success.
Source-derived case information.
- Citation
- [2026] HKCFI 1400
- Parties
- Applicant: Amritpal Singh; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 25 March 2026
- Case Number
- HCAL214/2022
- Procedural Posture
- Application for Leave to Apply for Judicial Review (non Refoulement) / Decision on Leave Application (dismissed)
- Outcome
- Leave to apply for judicial review dismissed
- Legal Topics
- Non Refoulement, Judicial Review, Leave to Apply, Extension of Time, Credibility Findings, Procedural Fairness, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amritpal Singh
Applicant
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent
Director of Immigration
Putative Interested Party
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Decision on Leave Application (dismissed)
Legal Issues
- 1 Whether the leave application was filed within time or whether time should be extended
- 2 Whether the Board's decision contained errors of law, procedural unfairness or irrationality sufficient to justify judicial review
- 3 Whether the applicant's evidence was credible and whether there was a realistic prospect of success
Ratio Decidendi
The leave application was dismissed because it was filed out of time with no application or explanation for an extension and, on the merits, the Board's decision was rational and lawfully reached based on adverse credibility findings, such that there was no reasonably arguable case with a realistic prospect of success.
Court Disposition
Leave to apply for judicial review dismissed
Orders
- Form 86 to be amended to name the Director of Immigration as the putative interested party
- The application for leave to apply for judicial review is dismissed
Full Case Text
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