SANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Board's or Director's decisions; the Board validly accepted the applicant's informed withdrawal rendering it functus officio; the Director lawfully found the risk to be low and localized, state protection and internal relocation were available, and credibility issues undermined the claim, such that the proposed judicial review had no prospect of success.

Citation
[2022] HKCFI 2911
Parties
Applicant: Sandeep Singh; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2022
Case Number
HCAL50/2020
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 / BOR Article 3, Right to Life / BOR Article 2, Withdrawal of Appeal / Functus Officio, Internal Relocation, Credibility Assessment, Judicial Review Leave Test
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture / BOR Article 3 Right to Life / BOR Article 2 Withdrawal of Appeal / Functus Officio +3 more

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Parties

Sandeep Singh

Applicant

Torture Claims Appeal Board

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 the Board's confirmation of the Director's decision after the applicant's withdrawal of appeal was valid or null
  2. 2 Whether there was any error of law, procedural unfairness or irrationality in the Board's or Director's decisions
  3. 3 Whether the applicant faces a real risk of torture, death or other serious ill-treatment on return to India

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Board's or Director's decisions; the Board validly accepted the applicant's informed withdrawal rendering it functus officio; the Director lawfully found the risk to be low and localized, state protection and internal relocation were available, and credibility issues undermined the claim, such that the proposed judicial review had no prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused