AMRITPAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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
Constitutional and Administrative Law Immigration and Asylum Law Non Refoulement Judicial Review Leave to Apply Extension of Time Credibility Findings Procedural Fairness +1 more

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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)

  1. 1 Whether the leave application was filed within time or whether time should be extended
  2. 2 Whether the Board's decision contained errors of law, procedural unfairness or irrationality sufficient to justify judicial review
  3. 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