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

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

Leave to apply for judicial review was refused because the Board's adverse credibility findings and risk assessment were lawful, supported by the evidence and not Wednesbury unreasonable; no error of law or procedural unfairness was established and the applicants had no realistic prospect of success.

Citation
[2021] HKCFI 2750
Parties
1st Applicant: Gurinder Preet Singh; 2nd Applicant: Parvinder Kaur; 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
17 September 2021
Case Number
HCAL1762/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused at Consideration of Documents and Counsel Submissions
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture/cidtp Risk, Credibility Findings, Internal Relocation, Fair Trial, Identity Registration (aadhaar), Procedural Fairness, Judicial Review Standard
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture/cidtp Risk Credibility Findings +5 more

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Parties

Gurinder Preet Singh

1st Applicant

Parvinder Kaur

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused at Consideration of Documents and Counsel Submissions

Legal Issues

  1. 1 Whether the Board erred in law in its credibility findings
  2. 2 Whether mandatory Aadhaar registration affected risk and traceability
  3. 3 Whether the Board failed to consider and authenticate corroborative documents (FIR, bail petition)

Ratio Decidendi

Leave to apply for judicial review was refused because the Board's adverse credibility findings and risk assessment were lawful, supported by the evidence and not Wednesbury unreasonable; no error of law or procedural unfairness was established and the applicants had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for Judicial Review refused
  • Application for leave dismissed