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

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

Because the applicant had left Hong Kong and section 37ZF deems a torture/non-refoulement claim withdrawn on departure, and the applicant failed to raise any specific grounds to challenge the Board's decision, the application for leave was dismissed as it would serve no practical purpose.

Citation
[2024] HKCFI 3134
Parties
Applicant: Sukhbir 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
19 November 2024
Case Number
HCAL1067/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)
Outcome
Application dismissed; leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Claims, Deemed Withdrawal, Mootness/justiciability, Leave to Apply for Judicial Review
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Claims Deemed Withdrawal Mootness/justiciability +1 more

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Parties

Sukhbir 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 (leave Refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether a claimant's departure from Hong Kong deems the torture/non-refoulement claim withdrawn under s.37ZF
  3. 3 Whether the proceedings are moot or serve any practical purpose and should be dismissed

Ratio Decidendi

Because the applicant had left Hong Kong and section 37ZF deems a torture/non-refoulement claim withdrawn on departure, and the applicant failed to raise any specific grounds to challenge the Board's decision, the application for leave was dismissed as it would serve no practical purpose.

Court Disposition

Application dismissed; leave to apply for judicial review refused

Orders

  • Leave to apply for Judicial Review dismissed.
  • A copy of Form CALL-1 and the sealed order to be sent to the Director with a request that he use his best endeavours to forward them to the applicant.