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

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

Applicant voluntarily sought to withdraw his leave application after being informed that withdrawal would result in dismissal and preclude restoration; on that basis the court dismissed the application without determining the substantive merits of the Board's decision.

Citation
[2019] HKCFI 2961
Parties
Applicant: Jaganpreet 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
6 December 2019
Case Number
HCAL1613/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application; Dismissed on Withdrawal (notification of Judge's Decision)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk Under Immigration Ordinance Part VIIC, Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture/cidtp), Refugee Convention Article 33 (non Refoulement), Leave to Apply for Judicial Review, Withdrawal of Application
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk Under Immigration Ordinance Part VIIC Article 2 HKBOR (right to Life) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jaganpreet Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application; Dismissed on Withdrawal (notification of Judge's Decision)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted in respect of the Board's decision refusing non-refoulement protection
  2. 2 Whether the applicant's non-refoulement/torture/CIDTP/persecution claims were substantiated
  3. 3 Consequences of the applicant's voluntary withdrawal of the leave application

Ratio Decidendi

Applicant voluntarily sought to withdraw his leave application after being informed that withdrawal would result in dismissal and preclude restoration; on that basis the court dismissed the application without determining the substantive merits of the Board's decision.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed.
  • Applicant not permitted to restore the application once withdrawn.