BINDER SINGH v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

BINDER SINGH v. IMMIGRATION DEPARTMENT [Decision on Leave Application]

Leave refused because the applicant failed to identify any arguable legal error or procedural unfairness; the Director and the Torture Claims Appeal Board reasonably assessed the risk as low, found state protection and viable internal relocation available, and the court will not usurp their evaluative role by rehearing the merits.

Citation
[2020] HKCFI 1779
Parties
Applicant: Binder Singh; Putative Respondent: Immigration Department
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 August 2020
Case Number
HCAL582/2018
Procedural Posture
Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Screening and Appeal Procedures, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Screening and Appeal Procedures +1 more

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Parties

Binder Singh

Applicant

Immigration Department

Putative Respondent

Procedural Posture

Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and Torture Claims Appeal Board erred in law or acted unfairly in rejecting the applicant's non-refoulement/torture claim
  2. 2 Whether the applicant faces a real risk of torture, death or inhuman treatment if returned (BOR 2 and BOR 3 risks)
  3. 3 Whether state/police protection is available and effective

Ratio Decidendi

Leave refused because the applicant failed to identify any arguable legal error or procedural unfairness; the Director and the Torture Claims Appeal Board reasonably assessed the risk as low, found state protection and viable internal relocation available, and the court will not usurp their evaluative role by rehearing the merits.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.