SANDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
Leave was refused because the applicant failed to demonstrate any realistic prospect of success; the Board's findings on risk and the viability of internal relocation were within its fact-finding remit and did not exhibit error of law, procedural unfairness or irrationality.
Source-derived case information.
- Citation
- [2026] HKCFI 2778
- Parties
- Applicant: Sandeep 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
- 20 May 2026
- Case Number
- HCAL1541/2021
- Procedural Posture
- Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
- Outcome
- Leave to apply for judicial review refused.
- Legal Topics
- Non Refoulement, Torture and CIDTP Risk, Internal Relocation, Judicial Review Leave Stage, Procedural Fairness, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sandeep 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 / Decision on Leave Application (refused)
Legal Issues
- 1 Whether the Board erred in law in assessing risk of torture or CIDTP under HKBOR Article 3
- 2 Whether the Board erred in law in assessing risk to life under HKBOR Article 2 and persecution under Refugee Convention Article 33
- 3 Whether internal relocation was viable and sufficient to mitigate BOR 3 risk
Ratio Decidendi
Leave was refused because the applicant failed to demonstrate any realistic prospect of success; the Board's findings on risk and the viability of internal relocation were within its fact-finding remit and did not exhibit error of law, procedural unfairness or irrationality.
Court Disposition
Leave to apply for judicial review refused.
Orders
- Leave to apply for judicial review refused; application dismissed.
Full Case Text
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