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

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

The applicant failed to demonstrate a realistic prospect of success on judicial review because he did not identify any reviewable legal error by the Board, the Board's evaluation of evidence and decision to determine the appeal on paper for non-attendance were within its discretion, and the evidence did not establish the claimed BOR 2/torture risk or lack of state protection or internal relocation options.

Citation
[2020] HKCFI 1372
Parties
Applicant: Sukhdev 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
30 June 2020
Case Number
HCAL1784/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Right to Life (bor 2), Cruel, Inhuman or Degrading Treatment (bor 3), Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Right to Life (bor 2) Cruel, Inhuman or Degrading Treatment (bor 3) +2 more

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Parties

Sukhdev Singh

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant has a real/arguable prospect of success on judicial review
  2. 2 Whether the Board erred in evaluating evidence or denying a hearing
  3. 3 Whether the applicant faces a BOR 2 risk on return

Ratio Decidendi

The applicant failed to demonstrate a realistic prospect of success on judicial review because he did not identify any reviewable legal error by the Board, the Board's evaluation of evidence and decision to determine the appeal on paper for non-attendance were within its discretion, and the evidence did not establish the claimed BOR 2/torture risk or lack of state protection or internal relocation options.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed