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

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

The application was dismissed because it was filed more than two months out of time without any explanation or good reason to extend time, and because the Board's and Director's findings that the risk was localized, state protection was available, and internal relocation in India was reasonable meant the applicant had no real prospect of success on the merits; accordingly extension of time was refused and leave to apply for judicial review dismissed.

Citation
[2018] HKCFI 2126
Parties
Applicant: Parthviraj Singh; 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
26 October 2018
Case Number
HCAL368/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Application for Extension of Time and Leave (refused)
Outcome
Extension of time refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Extension of Time for Judicial Review, Internal Relocation, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Extension of Time for Judicial Review Internal Relocation +1 more

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Parties

Parthviraj Singh

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 (non Refoulement/torture Claim) / Decision on Application for Extension of Time and Leave (refused)

Legal Issues

  1. 1 Whether the court should extend time under Order 53 r 4(1) for filing an application for leave to apply for judicial review
  2. 2 Whether the applicant has any realistic prospect of success on the merits of the non-refoulement/torture claim
  3. 3 Whether state protection and internal relocation are reasonable alternatives to protection in Hong Kong

Ratio Decidendi

The application was dismissed because it was filed more than two months out of time without any explanation or good reason to extend time, and because the Board's and Director's findings that the risk was localized, state protection was available, and internal relocation in India was reasonable meant the applicant had no real prospect of success on the merits; accordingly extension of time was refused and leave to apply for judicial review dismissed.

Court Disposition

Extension of time refused; leave to apply for judicial review dismissed.

Orders

  • An extension of time for the application for leave to apply for judicial review is refused and leave to apply for judicial review is dismissed.
  • If the applicant intends to appeal the refusal to extend time to the Court of Appeal he must first apply to this court within 14 days by way of summons for leave to appeal.