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

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

The immigration officer erred in law by incorrectly stating the political issue had been raised previously when the evidence indicated the political activity post-dated the Board's decision; the officer also misapplied the law on hearsay by rejecting it outright without proper consideration and acted unreasonably; the new political issues therefore constitute significant changes which, with previous material, give the subsequent claim a realistic prospect of success, so leave to apply for judicial review is granted.

Citation
[2024] HKCFI 1284
Parties
Applicant: Sarabjit Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2024
Case Number
HCAL430/2024
Procedural Posture
Judicial Review Leave Application / Leave Granted
Outcome
Leave to apply for judicial review granted
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Leave to Apply for Judicial Review, Hearsay Evidence, Wednesbury Unreasonableness, Political Asylum/khalistan Movement
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Law Non Refoulement Subsequent Claim Under Section 37 ZO Leave to Apply for Judicial Review Hearsay Evidence Wednesbury Unreasonableness +1 more

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Parties

Sarabjit Singh

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Leave Granted

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change of circumstances since the previous claim under section 37ZO of the Immigration Ordinance
  2. 2 Whether the immigration officer erred in law in assessing new political grounds and in rejecting hearsay evidence
  3. 3 Whether the officer's assessment was Wednesbury unreasonable

Ratio Decidendi

The immigration officer erred in law by incorrectly stating the political issue had been raised previously when the evidence indicated the political activity post-dated the Board's decision; the officer also misapplied the law on hearsay by rejecting it outright without proper consideration and acted unreasonably; the new political issues therefore constitute significant changes which, with previous material, give the subsequent claim a realistic prospect of success, so leave to apply for judicial review is granted.

Court Disposition

Leave to apply for judicial review granted

Orders

  • Leave for the applicant to apply for judicial review of the Board's decision granted
  • Applicant shall issue the originating summons within 14 days after this Order in accordance with Order 53, rule 5 of the RHC