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

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

Leave was refused because the applicant failed to demonstrate a reasonable prospect of success: the Board's adverse factual findings were supported by the material, the Board reasonably concluded state protection and internal relocation were available, and no error of law or procedural unfairness was shown that...

Source-derived case information.

Citation
[2021] HKCFI 3703
Parties
Applicant: Baljinder 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
16 December 2021
Case Number
HCAL1895/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Internal Relocation, State Protection, Procedural Fairness, Judicial Review Leave
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Internal Relocation +3 more

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Parties

Baljinder 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 / Leave Application Refused

Legal Issues

  1. 1 Whether the Board erred in fact finding
  2. 2 Whether state protection was available
  3. 3 Whether internal relocation was reasonable and practicable

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate a reasonable prospect of success: the Board's adverse factual findings were supported by the material, the Board reasonably concluded state protection and internal relocation were available, and no error of law or procedural unfairness was shown that would justify judicial intervention.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.