BITTU SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

BITTU SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Board and Director lawfully concluded the applicant's fear arose from a private family dispute rather than state persecution; objective COI evidence supports the availability of state protection and reasonable internal relocation; the applicant provided no particulars of legal error or procedural unfairness and therefore failed to demonstrate any real prospect of success on judicial review; leave to apply is refused.

Citation
[2018] HKCFI 622
Parties
Applicant: Bittu Singh; Putative Respondent: Director of Immigration; Putative Interested Party: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 2018
Case Number
HCAL201/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused by High Court (notification of Judge's Decision Under Order 53 R.3)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), BOR Article 2 (right to Life), BOR Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment), Internal Relocation, Judicial Review Leave to Apply
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) BOR Article 2 (right to Life) +3 more

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Parties

Bittu Singh

Applicant

Director of Immigration

Putative Respondent

Torture Claims Appeal Board

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Refused by High Court (notification of Judge's Decision Under Order 53 R.3)

Legal Issues

  1. 1 Whether the Board erred in law or procedure in dismissing the applicant's non-refoulement claim
  2. 2 Whether the applicant faces a real risk of torture or death from non-state actors for reasons amounting to persecution
  3. 3 Whether effective state protection and reasonable internal relocation are available in India

Ratio Decidendi

The Board and Director lawfully concluded the applicant's fear arose from a private family dispute rather than state persecution; objective COI evidence supports the availability of state protection and reasonable internal relocation; the applicant provided no particulars of legal error or procedural unfairness and therefore failed to demonstrate any real prospect of success on judicial review; leave to apply is refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.