RASCHPAL SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

RASCHPAL SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Applicant's request for an extension of time was refused and leave dismissed because he was more than four months out of time without any adequate explanation, he failed to identify any reasonably arguable ground for judicial review, and the Director's decision contained no legal error, procedural unfairness or irrationality given the established localized risk and availability of internal relocation in India.

Citation
[2019] HKCFI 1029
Parties
Applicant: Raschpal Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2019
Case Number
HCAL94/2018
Procedural Posture
Judicial Review Application for Leave to Apply for Judicial Review / Leave Stage Application Dismissed
Outcome
Extension of time for the application for leave refused and leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Country of Origin Information, Internal Relocation, Torture Risk, HKBOR Article 2 and 3, Persecution Under 1951 Refugee Convention
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Non Refoulement Leave to Apply for Judicial Review Extension of Time Country of Origin Information +4 more

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Parties

Raschpal Singh

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Application for Leave to Apply for Judicial Review / Leave Stage Application Dismissed

Legal Issues

  1. 1 Whether to extend time for applying for leave to apply for judicial review
  2. 2 Whether the intended judicial review has any reasonably arguable merits
  3. 3 Whether the Director and the Torture Claims Appeal Board erred in law or acted with procedural unfairness

Ratio Decidendi

Applicant's request for an extension of time was refused and leave dismissed because he was more than four months out of time without any adequate explanation, he failed to identify any reasonably arguable ground for judicial review, and the Director's decision contained no legal error, procedural unfairness or irrationality given the established localized risk and availability of internal relocation in India.

Court Disposition

Extension of time for the application for leave refused and leave to apply for judicial review dismissed.

Orders

  • Extension of time refused and application for leave dismissed
  • If applicant intends to appeal to the Court of Appeal he must first apply to this court within 14 days of the date of this order by way of summons for leave to appeal