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

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

The applications for leave were dismissed: extension of time for HCAL 239/2015 refused because the Applicant offered no good reason for a six-month delay and there was no prospect of success given the Director's and Board's lawful and rational findings that internal relocation within India was available and the Applicant failed to substantiate his claim; HCAL 722/2019 was dismissed for extreme delay and procedural prematurity because the Applicant did not first appeal the Director's Further Decision to the Appeal Board as required.

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
HCAL722/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (consolidated HCAL 239/2015 & HCAL 722/2019) / Decision on Leave Applications (order 53 R.3)
Outcome
HCAL 239/2015 consolidated with HCAL 722/2019; extension of time for HCAL 239/2015 refused; leave to apply for judicial review under HCAL 239/2015 dismissed; leave to apply for judicial review under HCAL 722/2019 dismissed.
Legal Topics
Non Refoulement, Internal Relocation, Judicial Review, Leave to Apply for Judicial Review, Extension of Time/limitation, Procedural Fairness, Unified Screening Mechanism, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Internal Relocation Judicial Review Leave to Apply for Judicial Review +4 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 (consolidated HCAL 239/2015 & HCAL 722/2019) / Decision on Leave Applications (order 53 R.3)

Legal Issues

  1. 1 Whether to extend time for applications filed out of the three-month rule under Order 53 r.4(1)
  2. 2 Whether the Board's and Director's assessments of non-refoulement/torture/Article 3 BOR risk were legally erroneous or irrational
  3. 3 Whether internal relocation within India was a reasonable and available option

Ratio Decidendi

The applications for leave were dismissed: extension of time for HCAL 239/2015 refused because the Applicant offered no good reason for a six-month delay and there was no prospect of success given the Director's and Board's lawful and rational findings that internal relocation within India was available and the Applicant failed to substantiate his claim; HCAL 722/2019 was dismissed for extreme delay and procedural prematurity because the Applicant did not first appeal the Director's Further Decision to the Appeal Board as required.

Court Disposition

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