GURDEV SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

GURDEV SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The court refused leave because, on rigorous examination and anxious scrutiny, the Director and the Adjudicator gave reasons supported by the evidence for finding the applicant's account implausible and the level of risk low; procedural fairness standards were met (no denial of legal or language assistance that prejudiced the case) and the decisions were not Wednesbury unreasonable, so the applicant had no realistic prospects of success.

Citation
[2018] HKCFI 1255
Parties
Applicant: Gurdev Singh; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2018
Case Number
HCAL1097/2017
Procedural Posture
Judicial Review (application for Leave to Apply for Judicial Review) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture and CIDTP, Persecution, Internal Relocation, Procedural Fairness and Natural Justice, Credibility Findings, Legal Aid and Interpretation Assistance, Wednesbury Unreasonableness, Screening and Appeal Under Unified Screening Mechanism
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and CIDTP Persecution Internal Relocation Procedural Fairness and Natural Justice +4 more

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Parties

Gurdev Singh

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant established real risk of torture, persecution, CIDTP (BOR3) or of death (BOR2) if returned to India
  2. 2 Whether state protection/internal relocation in India was available and reasonable
  3. 3 Whether the Director and the Adjudicator breached procedural fairness by denying legal assistance or adequate interpretation/translation

Ratio Decidendi

The court refused leave because, on rigorous examination and anxious scrutiny, the Director and the Adjudicator gave reasons supported by the evidence for finding the applicant's account implausible and the level of risk low; procedural fairness standards were met (no denial of legal or language assistance that prejudiced the case) and the decisions were not Wednesbury unreasonable, so the applicant had no realistic prospects of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Application for leave to apply for judicial review refused
  • Adjournment request refused