DALJIT SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

DALJIT SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate exceptional circumstances to judicially review the Director's decision where a legislative appeal to the Board exists and the Board has already decided; the proposed grounds were speculative or unsupported, adverse credibility findings and lack of evidence meant no reasonable prospect of success, and internal relocation was viable.

Citation
[2019] HKCFI 1795
Parties
Applicant: Daljit Singh; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2019
Case Number
HCAL1601/2018
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, Cruel, Inhuman or Degrading Treatment, Judicial Review, Leave to Apply, Credibility Findings, Procedural Fairness, Internal Relocation, Country of Origin Information
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment +6 more

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Parties

Daljit Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave to judicially review the Director's decision is available where an appeal to the Torture Claims Appeal Board has been pursued
  2. 2 Whether the Board's decision was vitiated by unfair procedure or lack of assistance
  3. 3 Whether the applicant's evidence met the statutory threshold for torture, CIDTP or persecution

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate exceptional circumstances to judicially review the Director's decision where a legislative appeal to the Board exists and the Board has already decided; the proposed grounds were speculative or unsupported, adverse credibility findings and lack of evidence meant no reasonable prospect of success, and internal relocation was viable.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed