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

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

Leave refused because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's findings; those bodies reasonably found the risk from a private creditor was low and that state protection and reasonable internal relocation in India were available, so there was no arguable basis for judicial review.

Citation
[2020] HKCFI 779
Parties
Applicant: Sakatter Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2020
Case Number
HCAL315/2018
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 Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness, Burden and Standard of Proof
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Judicial Review Leave Procedural Fairness +1 more

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Parties

Sakatter Singh

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the Board's decision was unreasonable
  2. 2 Whether the adjudicator failed to consider matters raised by the applicant
  3. 3 Whether the adjudicator failed to give adequate reasons

Ratio Decidendi

Leave refused because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's findings; those bodies reasonably found the risk from a private creditor was low and that state protection and reasonable internal relocation in India were available, so there was no arguable basis for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.