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

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

Leave refused because the adjudicator lawfully and reasonably assessed the evidence, made adverse credibility findings based on significant inconsistencies and implausibilities, applied appropriate legal standards including high fairness, and no arguable error of law or procedural unfairness was shown so there was no realistic prospect of success.

Citation
[2018] HKCFI 138
Parties
Applicant: Singh Popinder; 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
31 January 2018
Case Number
HCAL414/2017
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, Cruel Inhuman or Degrading Treatment or Punishment (cidtp), Right to Life, Judicial Review, Procedural Fairness, Wednesbury Unreasonableness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Criminal/personal Security Non Refoulement Torture Cruel Inhuman or Degrading Treatment or Punishment (cidtp) +5 more

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Parties

Singh Popinder

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 (refused)

Legal Issues

  1. 1 Whether the adjudicator erred in law or breached procedural fairness in rejecting the non-refoulement/torture/CIDTP/Article 2 claims
  2. 2 Whether lack of continued legal representation after Director's decision rendered the process unfair
  3. 3 Whether language/notification issues and alleged failure to provide interpreter prejudiced the applicant

Ratio Decidendi

Leave refused because the adjudicator lawfully and reasonably assessed the evidence, made adverse credibility findings based on significant inconsistencies and implausibilities, applied appropriate legal standards including high fairness, and no arguable error of law or procedural unfairness was shown 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.
  • Notification of the Judge's decision sent to parties on 31/1/2018