SAKATTAR SINGH v. JEREMY GLEN, ESQ. [Decision on Leave Application]
Under rigorous examination the Adjudicator's findings were supported by the evidence, there was no error of law or procedural unfairness, the applicant failed to show realistic prospects of success and therefore leave to apply for judicial review was refused.
Source-derived case information.
- Citation
- [2019] HKCFI 365
- Parties
- Applicant: Sakattar Singh; Putative Respondent: Adjudicator, Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 20 February 2019
- Case Number
- HCAL662/2018
- Procedural Posture
- Judicial Review (non Refoulement/immigration) / Leave Application (refused)
- Outcome
- Leave to apply for judicial review refused
- Legal Topics
- Non Refoulement, Asylum, Torture, Procedural Fairness, Judicial Review, Internal Relocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sakattar Singh
Applicant
Adjudicator, Torture Claims Appeal Board
Putative Respondent
Director of Immigration
Putative Interested Party
Procedural Posture
Judicial Review (non Refoulement/immigration) / Leave Application (refused)
Legal Issues
- 1 Whether the Board/Adjudicator's decision involved errors of law or was irrational
- 2 Whether procedural unfairness occurred in the screening and appeal process
- 3 Adequacy of state protection and viability of internal relocation in India
Ratio Decidendi
Under rigorous examination the Adjudicator's findings were supported by the evidence, there was no error of law or procedural unfairness, the applicant failed to show realistic prospects of success and therefore leave to apply for judicial review was refused.
Court Disposition
Leave to apply for judicial review refused
Orders
- Leave to apply for judicial review refused
Full Case Text
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