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

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

Leave to apply for judicial review dismissed because the application was substantially out of time with no satisfactory explanation, the intended challenge lacked identifiable arguable grounds of legal error/irrationality or procedural unfairness, the Director and the Board lawfully and reasonably found no...

Source-derived case information.

Citation
[2022] HKCFI 1974
Parties
Applicant: Gurwinder Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2022
Case Number
HCAL789/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Risk of Torture, Internal Relocation, Delay and Extension of Time, Judicial Review Leave
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture Internal Relocation Delay and Extension of Time +1 more

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Parties

Gurwinder Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the leave application was filed promptly or an extension of time should be granted
  2. 2 Whether the Applicant identified any arguable error of law, irrationality or procedural unfairness by the Director or the Board
  3. 3 Whether the Applicant faced a real risk of torture/persecution or violation of non-derogable rights such that non-refoulement protection was required

Ratio Decidendi

Leave to apply for judicial review dismissed because the application was substantially out of time with no satisfactory explanation, the intended challenge lacked identifiable arguable grounds of legal error/irrationality or procedural unfairness, the Director and the Board lawfully and reasonably found no substantial risk given low intensity of past ill‑treatment, availability of state protection and reasonable internal relocation, and the Applicant had indicated a wish to return to his country.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Leave application dismissed