MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The application for leave was dismissed because the Appeal Board had carefully scrutinised the applicant, found him an unreliable witness, and none of the asserted non-refoulement grounds were substantiated; accordingly there was no arguable ground for judicial review.

Source-derived case information.

Citation
[2018] HKCFI 1387
Parties
Applicant: MR. NAHAR SINGH; Putative Respondent: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2018
Case Number
HCAL601/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Credibility Assessment, Judicial Review Leave, Appeal Board Decision
Source Language
en
Constitutional Law Administrative Law Immigration Law Refugee Law Non Refoulement Credibility Assessment Judicial Review Leave Appeal Board Decision

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Parties

MR. NAHAR SINGH

Applicant

DIRECTOR OF IMMIGRATION

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (dismissed)

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Appeal Board's adverse credibility finding was susceptible to judicial review
  3. 3 Whether any grounds for non-refoulement were substantiated

Ratio Decidendi

The application for leave was dismissed because the Appeal Board had carefully scrutinised the applicant, found him an unreliable witness, and none of the asserted non-refoulement grounds were substantiated; accordingly there was no arguable ground for judicial review.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

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