KULWANT SINGH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KULWANT SINGH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director’s and Board’s decisions; the Board had expressly and adequately considered the evidence including the children's position, and the absence of minors' separate...

Source-derived case information.

Citation
[2021] HKCFI 1260
Parties
Applicant: Kulwant Singh; Applicant: Paramjit Kaur; Applicant: Nahar Dharamvir; Applicant: Nahar Taranvir; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2021
Case Number
HCAL729/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Decision (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Articles 2 and 3, Judicial Review (leave), Minor Specific Protection Claims
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Articles 2 and 3 Judicial Review (leave) +1 more

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Parties

Kulwant Singh

Applicant

Paramjit Kaur

Applicant

Nahar Dharamvir

Applicant

Nahar Taranvir

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Decision (refused)

Legal Issues

  1. 1 Whether the Board and Director erred in law or acted with procedural unfairness in rejecting non-refoulement/torture claims
  2. 2 Whether the risk of persecution or torture met thresholds under HKBOR and the Immigration Ordinance
  3. 3 Whether internal relocation and state protection in India made return reasonable

Ratio Decidendi

Leave was refused because the applicants failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director’s and Board’s decisions; the Board had expressly and adequately considered the evidence including the children's position, and the absence of minors' separate representation did not alter the lack of merits in the intended judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused