MANVIR SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

MANVIR SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave refused because the Applicant's grounds were broad, vague and lacked particulars; no reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or Board's decisions; the Board’s adverse credibility finding was supported and internal relocation rendered protection unnecessary, so no prospect of success on judicial review.

Citation
[2021] HKCFI 340
Parties
Applicant: Manvir Singh; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 February 2021
Case Number
HCAL860/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Reinstated and Refused at Leave Stage
Outcome
Application for Leave to Apply for Judicial Review reinstated and leave refused
Legal Topics
Non Refoulement, Torture Risk, Article 2 and 3 HKBOR, Credibility Findings, Internal Relocation, Country of Origin Information, Judicial Review Leave Test, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum/non Refoulement Non Refoulement Torture Risk Article 2 and 3 HKBOR +6 more

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Parties

Manvir Singh

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Reinstated and Refused at Leave Stage

Legal Issues

  1. 1 Whether the Director and the Torture Claims Appeal Board made legal or procedural errors in rejecting the non-refoulement claim
  2. 2 Whether state acquiescence or collusion rendered the Applicant at real risk engaging Article 3/HKBOR or Part VIIC Immigration Ordinance protection
  3. 3 Whether the Director improperly relied upon or failed to consider Country of Origin Information

Ratio Decidendi

Leave refused because the Applicant's grounds were broad, vague and lacked particulars; no reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or Board's decisions; the Board’s adverse credibility finding was supported and internal relocation rendered protection unnecessary, so no prospect of success on judicial review.

Court Disposition

Application for Leave to Apply for Judicial Review reinstated and leave refused

Orders

  • Application for Leave to Apply for Judicial Review reinstated
  • Leave to apply for Judicial Review refused