SINGH AVTAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SINGH AVTAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant advanced no reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator applied the correct legal tests, addressed credibility concerns, afforded opportunities to respond and made findings open to her on the evidence, so there was no realistic prospect of success.

Citation
[2020] HKCFI 1429
Parties
Applicant: Singh Avtar; 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
2 July 2020
Case Number
HCAL175/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (considered on the Papers)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Unified Screening Mechanism, Leave to Apply for Judicial Review, Procedural Fairness, Standard of Proof
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Unified Screening Mechanism Leave to Apply for Judicial Review +2 more

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Parties

Singh Avtar

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 / Leave Application (considered on the Papers)

Legal Issues

  1. 1 Whether the Adjudicator committed any error of law or procedure
  2. 2 Whether there was procedural unfairness or denial of a reasonable opportunity to be heard
  3. 3 Whether the applicant established a real risk of torture, ill-treatment, persecution or deprivation of life under applicable legal tests

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant advanced no reasonably arguable grounds of unlawfulness, unreasonableness or procedural unfairness; the Adjudicator applied the correct legal tests, addressed credibility concerns, afforded opportunities to respond and made findings open to her on the evidence, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.