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

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

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, failed to advance additional facts to sustain a BOR 2 claim, and the primary decision-makers reasonably...

Source-derived case information.

Citation
[2021] HKCFI 437
Parties
Applicant: Kullar Daljeet Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2021
Case Number
HCAL833/2019
Procedural Posture
Judicial Review / Leave Application
Outcome
Application for leave dismissed
Legal Topics
Non Refoulement, Torture Risk, Article 2 HKBOR Right to Life, Article 3 HKBOR Prohibition of Torture, Internal Relocation, Judicial Review Leave, Procedural Fairness, Country of Origin Information
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk Article 2 HKBOR Right to Life +5 more

Source-derived case record

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kullar Daljeet Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the applicant has an arguable BOR 2 (right to life) claim
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law, acted irrationally, or committed procedural unfairness
  3. 3 Whether state/police protection and internal relocation were reasonably available

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, failed to advance additional facts to sustain a BOR 2 claim, and the primary decision-makers reasonably concluded the risk was low with available state protection and internal relocation.

Court Disposition

Application for leave dismissed

Orders

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