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

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

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s credibility findings and risk assessment (low risk, private family dispute, availability of state protection and internal relocation) were not legally flawed and there was no prospect of success on judicial review.

Citation
[2026] HKCFI 1151
Parties
Applicant: Davinder Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 February 2026
Case Number
HCAL247/2021
Procedural Posture
Judicial Review Non Refoulement Claim / Application for Leave to Apply for Judicial Review (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Right to Life (bor Article 2), Prohibition of Torture (bor Article 3), Persecution (refugee Convention Article 33), Credibility Findings, Internal Relocation, Leave to Apply for Judicial Review, Judicial Review Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Right to Life (bor Article 2) Prohibition of Torture (bor Article 3) +5 more

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Parties

Davinder Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Non Refoulement Claim / Application for Leave to Apply for Judicial Review (refused)

Legal Issues

  1. 1 Whether there was any arguable error of law by the Director or the Board
  2. 2 Whether the Board’s credibility findings and risk assessment were irrational or procedurally unfair
  3. 3 Whether state protection and internal relocation were reasonably available in India

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s credibility findings and risk assessment (low risk, private family dispute, availability of state protection and internal relocation) were not legally flawed and there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review be refused.
  • Applicant's application for leave dismissed.