HARDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

HARDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Extension of time was refused and the leave application dismissed because the application was out of time, the Board's Decision disclosed no error of law or procedural unfairness and was not irrational, the applicant refused to cooperate with statutory disclosure obligations and there was no realistic prospect of success.

Citation
[2022] HKCFI 1077
Parties
Applicant: Hardeep Singh; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2022
Case Number
HCAL590/2019
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application on Paper; Extension of Time Refused; Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/cidtp Risk, Internal Relocation, Leave to Apply for Judicial Review, Procedural Fairness, Delay/extension of Time
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Risk Internal Relocation Leave to Apply for Judicial Review Procedural Fairness +1 more

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Parties

Hardeep Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Application on Paper; Extension of Time Refused; Application Dismissed

Legal Issues

  1. 1 Whether extension of time to apply for leave should be granted
  2. 2 Whether the Board's Decision contained errors of law, procedural unfairness or irrationality
  3. 3 Whether the applicant complied with statutory duty to disclose and cooperate

Ratio Decidendi

Extension of time was refused and the leave application dismissed because the application was out of time, the Board's Decision disclosed no error of law or procedural unfairness and was not irrational, the applicant refused to cooperate with statutory disclosure obligations and there was no realistic prospect of success.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed.

Orders

  • Extension of time for leave application refused
  • Application for leave to apply for judicial review dismissed