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
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
MR. NAHAR SINGH
Applicant
DIRECTOR OF IMMIGRATION
Putative Respondent
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Legal Issues
- 1 Whether leave to apply for judicial review should be granted
- 2 Whether the Appeal Board's adverse credibility finding was susceptible to judicial review
- 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.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCAL 601/2017 [2018] HKCFI 1387 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 601 OF 2017 BETWEEN MR. NAHAR SINGH Applicant and DIRECTOR OF IMMIGRATION Putative Respondent Application for leave to apply for judicial review NOTIFICATION of the Judge s decision (Order 53, rule 3) Following: HTMLCONTROL Forms.HTML:Checkbox.1 consideration of the documents only; or HTMLCONTROL Forms.HTML:Checkbox.1 consideration of the documents and oral submissions by the applicant or counsel [ ] in open Court; Order by the Honourable Mr. Justice Anthony Chan: The application for leave to apply for judicial review is dismissed. Observations for the applicant: I am unable to see any merit in this application. Although there is no challenge against the decision of Appeal Board in the Form 86, that decision has also been considered. The Applicant s case was carefully scrutinized by the Board. He was found to be an unreliable witness, and none of the grounds for non-refoulement was substantiated. Dated the 21st day of June 2018. (Gladys Cheng) for Registrar, High Court Where leave to apply has been granted, applicants and their legal advisers are reminded of their obligation to reconsider the merits of the application in the light of the respondent s evidence. ___________________________________________________________________________ Notes for the applicant: If leave has been granted, the applicant or his solicitors must: (a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted(Order 53, rule 4A); (b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and (c) supply to every other party copies of every affidavit which the applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). Sent / Handed to the Applicant / the Applicant s solicitors on 21 June 2018 MR. NAHAR SINGH The Applicant Sent / Handed to the Putative Respondent / the Putative Respondent s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties solicitors on 21 June 2018 Director of Immigration The Putative Respondent Ref: RBCZ/9001960/17 (formerly RBCZ/1584/14) Form CALL-1 o^PH4 hf l h8VQ hf l hf l hf l hf l h8VQ hf l hf l gd8VQ }fYB. hH2. hH2. hH2. h8VQ hf l hf l gd8VQ gUIgUgUgUgUI gd8VQ gd8VQ gdiUf h8VQ h"@` h"@` >f,f h"@` h"@` h8VQ h8VQ h8VQ xtj[j[j[j[M[j[j[j h"@` h8VQ h"@` gd"@` gd"@` gd-0$ h8VQ h8VQ h8VQ h"@` h8VQ h8VQ yt"@` >gP+l x>+j &rg)i ` :V yt"@` iiiiiiiiiiiiiiiiiiiiiiiiiiiiii Forms.HTML:Checkbox.1 Embedded Control Forms.HTML:Checkbox.1 iiiiiiiiiiiiiiiiiiiiiiiiiiiiii Forms.HTML:Checkbox.1 Embedd ed Control Forms.HTML:Checkbox.1 PRACTICE DIRECTION C SL3 user Normal.dotm Cheng Kit Ling Gladys Microsoft Office Word Judiciary Hong Kong PRACTICE DIRECTION C SL3 Title Project rstd ole> \G{00020 430- 0046}# 2.0#0#C: \Windows \System3 e2.tlb #OLE Aut omation ENormal !Offic !G{2 DF8D04C- 5BFA-101@B-BDE5 gAjA ram File s\Common Microso ft Share d\OFFICE 16\MSO.DV M 16 .0 Ob ibrary xMSF D452EE1- E08F 0A-8 -02608C@4D0BB4 dFM20L'B 00}t#0B 50 569B6 C-4249-A ECA503 C95E2 \Users\G ladys KL Cheng\A ppData\L ocal\Tem p\Word8. eB:.exd isDocume j1bz qc"" HTMLCheckbox2, 1, 0, MSForms, HTMLCheckbox* HTMLCheckbox1, 0, 1, MSForms, HTMLCheckbox Attribut e VB_Nam e = "Thi sDocumen t" 1Normal VGlobal! Spac Crea tabl Pre decla Tru BExp Temp lateDeri $Custom 1Cont HTML Checkbox 2, 1, 0, MSF s, ? Word Win16 Win32 Win64x VBA6 VBA7 Project- stdole Normal Office MSFormsC ThisDocument< _Evaluate HTMLCheckbox1 HTMLCheckbox2 Documentj ID="{3628D1CE-138C-4050-8861-FA57F1ADF5B1}" Document=ThisDocument/&H00000000 Name="Project" HelpContextID="0" VersionCompatible32="393222000" CMG="2725FFDA01262C2A2C2A2C2A2C2A" DPB="4E4C96039A0DC00EC00EC0" GC="7577AD68F38EF48EF471" [Host Extender Info] &H00000001={3832D640-CF90-11CF-8E43-00A0C911005A};VBE;&H00000000 &H00000002={000209F2-0000-0000-C000-000000000046};Word8.0;&H00000000 ThisDocument Microsoft Word 97-2003 Document MSWordDoc Word.Document.8 [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> QAk` QAk`