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

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

No reasonably arguable basis of illegality, unreasonableness or procedural unfairness was established; the Director and the Adjudicator properly and reasonably evaluated the evidence, their factual findings were open to them, and therefore leave to apply for judicial review must be refused.

Citation
[2018] HKCFI 1874
Parties
Applicant: Sukhdeep 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
12 October 2018
Case Number
HCAL1124/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on the Papers; Oral Hearing Not Requested; Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Persecution, Unified Screening Mechanism, Judicial Review, Leave to Apply, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Persecution Unified Screening Mechanism +3 more

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Parties

Sukhdeep 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 / Leave Application Considered on the Papers; Oral Hearing Not Requested; Leave Refused

Legal Issues

  1. 1 Whether there was an arguable ground of unlawfulness, unreasonableness or unfairness to found judicial review leave
  2. 2 Whether the Director of Immigration and the Adjudicator erred in law or procedure in rejecting non-refoulement/torture/persecution claims
  3. 3 Whether the applicant faced a real and personal risk of torture, ill-treatment, deprivation of life or persecution if returned to India

Ratio Decidendi

No reasonably arguable basis of illegality, unreasonableness or procedural unfairness was established; the Director and the Adjudicator properly and reasonably evaluated the evidence, their factual findings were open to them, and therefore leave to apply for judicial review must be refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused (12 October 2018)