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

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

The leave application was dismissed because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings and its conclusion that any risk was localized and could be avoided by internal relocation were reasonable and lawful, so the intended judicial review had no real prospect of success.

Citation
[2021] HKCFI 2592
Parties
Applicant: Harjinder Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2021
Case Number
HCAL228/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Leave Application (dismissed)
Outcome
Leave application dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 3, HKBOR Article 2, Credibility Assessment, Internal Relocation, Procedural Fairness, Standard of Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Non Refoulement Torture Risk HKBOR Article 3 +5 more

Case Brief

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Parties

Harjinder Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Board and Director committed procedural unfairness in failing to consider material evidence or in failing to notify the applicant of opportunity to submit further facts
  2. 2 Whether the Board improperly evaluated Country of Origin Information or relied selectively on COI
  3. 3 Whether the Applicant was at real risk of torture, cruel, inhuman or degrading treatment or persecution on return to India

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings and its conclusion that any risk was localized and could be avoided by internal relocation were reasonable and lawful, so the intended judicial review had no real prospect of success.

Court Disposition

Leave application dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.