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

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

Leave was refused because the adjudicator's rejection of the applicant's protection claims was lawfully reached: the adverse credibility findings were supported by the evidence and the applicant's refusal to give evidence at the rehearing; the procedural complaints lacked merit (the applicant had received the invitation letter and was afforded fair process); there was no error of law or irrationality; consequently there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 1019
Parties
Applicant: Randeep 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
24 May 2018
Case Number
HCAL520/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cidtp, Persecution Under Refugee Convention, Credibility Assessment, Procedural Fairness, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Persecution Under Refugee Convention Credibility Assessment +2 more

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Parties

Randeep 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 / Leave Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the TCAB decision was vitiated by procedural unfairness or error of law
  3. 3 Whether the applicant faced a real risk of torture/CIDTP or persecution

Ratio Decidendi

Leave was refused because the adjudicator's rejection of the applicant's protection claims was lawfully reached: the adverse credibility findings were supported by the evidence and the applicant's refusal to give evidence at the rehearing; the procedural complaints lacked merit (the applicant had received the invitation letter and was afforded fair process); there was no error of law or irrationality; consequently there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Refused leave to apply for judicial review (dated 24 May 2018)