SUKHDEV SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

SUKHDEV SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

The application for extension of time was refused because the applicant was more than seven months late without any satisfactory explanation and his intended judicial review had no reasonably arguable basis; the Director and Board had not erred in law or procedure in finding the applicant failed to provide sufficient evidence under s37ZE(2) to re-open his withdrawn claim.

Citation
[2020] HKCFI 2192
Parties
Applicant: Sukhdev Singh; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCAL963/2018
Procedural Posture
Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Claim, Re Opening Withdrawn Claim, Extension of Time for Judicial Review, Procedural Fairness, Credibility Assessment, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Re Opening Withdrawn Claim Extension of Time for Judicial Review Procedural Fairness +2 more

Case Brief

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Parties

Sukhdev Singh

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to extend time for an application for leave to apply for judicial review
  2. 2 Whether the Director and the Torture Claims Appeal Board erred in refusing to re-open a withdrawn non-refoulement/torture claim under s37ZE(2) of the Immigration Ordinance
  3. 3 Whether the Director and Board committed legal error, procedural unfairness or irrationality in assessing the evidence and credibility

Ratio Decidendi

The application for extension of time was refused because the applicant was more than seven months late without any satisfactory explanation and his intended judicial review had no reasonably arguable basis; the Director and Board had not erred in law or procedure in finding the applicant failed to provide sufficient evidence under s37ZE(2) to re-open his withdrawn claim.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed

Orders

  • Extension of time for the application for leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed