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

The application for leave was refused because the applicant was three months late with no satisfactory explanation, the delay amounted to abuse of process, and the substantive non-refoulement/torture/persecution claims lacked a realistic prospect of success; accordingly no extension of time or second hearing was...

Source-derived case information.

Citation: [2018] HKCFI 813
Parties: Applicant: Jorawar 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: 23 April 2018
Case Number: HCAL573/2017
Procedural Posture: Application for Leave to Apply for Judicial Review / Decision on Leave Application (considered on Papers)
Outcome: Application for leave to apply for judicial review refused
Legal Topics: Non Refoulement, Torture/cidtp, Refugee/persecution, Judicial Review, Extension of Time, Procedural Fairness
Source Language: en

Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Refugee/persecution Judicial Review +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Jorawar 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 / Decision on Leave Application (considered on Papers)

Legal Issues

1 Whether to grant extension of time for leave to apply for judicial review
2 Whether applicant was denied procedural fairness (legal representation, translation, attendance)
3 Whether applicant's non-refoulement/torture/persecution claims had realistic prospects of success

Ratio Decidendi

Court Disposition

Application for leave to apply for judicial review refused

Orders

Extension of time refused
No second hearing date granted; application considered on the papers and dismissed

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