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

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

Leave to apply for judicial review was refused because the applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's Decision and therefore had no realistic prospect of success.

Citation
[2023] HKCFI 853
Parties
Applicant: Mandeep 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
30 March 2023
Case Number
HCAL776/2019
Procedural Posture
Judicial Review (leave Application) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture/cidtp, Persecution, Credibility Findings, State Protection, Internal Relocation, Judicial Review, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Persecution Credibility Findings +5 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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mandeep Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application (refused)

Legal Issues

  1. 1 Whether the Board's credibility findings were legally flawed or procedurally unfair
  2. 2 Whether there was error of law in assessment of risk under Immigration Ordinance Part VIIC, HKBOR Articles 2 and 3 and Refugee Convention Article 33
  3. 3 Whether state protection and internal relocation were properly assessed

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's Decision and therefore had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused
  • Application for leave dismissed