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

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

Time to apply for leave was extended and leave granted because the Board failed to consider the children's non-refoulement claims separately and did not account for how child-specific circumstances could affect both the children's and the parents' prospects of internal relocation and protection; delay was excused because the merits of the children's claims were directly relevant to whether time should be extended, requiring rehearing with appropriate representation.

Citation
[2021] HKCFI 490
Parties
1st Applicant: Ranjit Singh; 2nd Applicant: Karamjeet Kaur; 3rd Applicant: Dharamsot Varinder Singh; 4th Applicant: Ranjit Singh Seerat Kaur
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2021
Case Number
HCAL1202/2018
Procedural Posture
Judicial Review (leave Application) / Application for Leave and Extension of Time; Leave Granted and Time Extended; Remittal Directions for Rehearing
Outcome
Extension of time granted; leave to apply for judicial review granted; remittal directions for consideration of children's claims and case management directions issued
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Extension of Time, Leave to Apply for Judicial Review, Children's Separate Claims, Next Friend Representation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Child Protection Law Non Refoulement Torture Risk Internal Relocation +4 more

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Parties

Ranjit Singh

1st Applicant

Karamjeet Kaur

2nd Applicant

Dharamsot Varinder Singh

3rd Applicant

Ranjit Singh Seerat Kaur

4th Applicant

Procedural Posture

Judicial Review (leave Application) / Application for Leave and Extension of Time; Leave Granted and Time Extended; Remittal Directions for Rehearing

Legal Issues

  1. 1 Whether to extend time for filing a leave application
  2. 2 Whether the Board failed to give separate consideration to the children's non-refoulement claims
  3. 3 Whether the Board properly assessed state protection and internal relocation taking into account children's circumstances

Ratio Decidendi

Time to apply for leave was extended and leave granted because the Board failed to consider the children's non-refoulement claims separately and did not account for how child-specific circumstances could affect both the children's and the parents' prospects of internal relocation and protection; delay was excused because the merits of the children's claims were directly relevant to whether time should be extended, requiring rehearing with appropriate representation.

Court Disposition

Extension of time granted; leave to apply for judicial review granted; remittal directions for consideration of children's claims and case management directions issued

Orders

  • Time to file leave application extended and leave granted to apply for judicial review of the Board's decisions dated 8 January 2018 and 31 December 2020
  • Join Miss Ranjit Singh Seerat Kaur as 4th applicant pursuant to Order 1B r1(2)(l) RHC