PARAMJIT SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PARAMJIT SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings were justified by the absence of oral testimony and corroboration, and the risks were properly assessed as low with state protection and feasible internal relocation available, so there was no prospect of success on judicial review.

Citation
[2019] HKCFI 1045
Parties
Applicant: Paramjit Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCAL149/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Judicial Review Leave, Credibility Assessment, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Refugee Law Non Refoulement Torture Risk Judicial Review Leave Credibility Assessment +1 more

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Parties

Paramjit Singh

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board erred in its credibility assessment of the applicant
  3. 3 Whether the applicant established risks of torture or violation of non-derogable rights (HKBOR Articles 2 and 3) or persecution under Article 33 of the 1951 Refugee Convention

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; the Board's adverse credibility findings were justified by the absence of oral testimony and corroboration, and the risks were properly assessed as low with state protection and feasible internal relocation available, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.