BALJIT SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BALJIT SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court refused to extend time for HCAL 239/2015 because the six‑month delay was substantial, the applicant offered no adequate justification and there was no prospect of success given the Director and Board lawfully found internal relocation available; HCAL 722/2019 was dismissed as extremely late and procedurally premature because the applicant failed to appeal the Director's further decision to the Board before seeking judicial review.

Citation
[2021] HKCFI 3887
Parties
Applicant: Baljit Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 December 2021
Case Number
HCAL239/2015
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Consolidation, Extension of Time and Dismissal of Leave Applications
Outcome
HCAL 239/2015 consolidated with HCAL 722/2019; extension of time refused for HCAL 239/2015; leave to apply for judicial review under HCAL 239/2015 dismissed; leave under HCAL 722/2019 dismissed.
Legal Topics
Non Refoulement, Internal Relocation, Delay and Extension of Time, Judicial Review (leave), Torture and Article 3 HKBOR, Unified Screening Mechanism
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Internal Relocation Delay and Extension of Time Judicial Review (leave) Torture and Article 3 HKBOR +1 more

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Parties

Baljit Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Consolidation, Extension of Time and Dismissal of Leave Applications

Legal Issues

  1. 1 Whether to extend time for leave application under Order 53 r4(1)
  2. 2 Whether the Director and Board erred in finding internal relocation available
  3. 3 Whether applicant received unfair hearing / procedural unfairness

Ratio Decidendi

The court refused to extend time for HCAL 239/2015 because the six‑month delay was substantial, the applicant offered no adequate justification and there was no prospect of success given the Director and Board lawfully found internal relocation available; HCAL 722/2019 was dismissed as extremely late and procedurally premature because the applicant failed to appeal the Director's further decision to the Board before seeking judicial review.

Court Disposition

HCAL 239/2015 consolidated with HCAL 722/2019; extension of time refused for HCAL 239/2015; leave to apply for judicial review under HCAL 239/2015 dismissed; leave under HCAL 722/2019 dismissed.

Orders

  • HCAL 239/2015 be consolidated with HCAL 722/2019
  • Extension of time for the application for leave to apply for Judicial Review under HCAL 239/2015 of the decision of Torture Claims Appeal Board dated 3 March 2015 refused