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HCAL 1209/2021
[2026] HKCFI 1323
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1209 of 2021
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BETWEEN
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Sidhu Inderpal Singh |
Applicant |
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and |
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Torture Claims Appeal Board / |
Putative |
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Non-Refoulement Claims Petition Office |
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by Deputy High Court Judge (Non-Refoulement Claims) Lewis Law:
The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. By a Form 86 filed on 30 August 2021, the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“the Board”) dated 9 July 2021 (“the Board’s Decision”), which was made pursuant to a petition/appeal from the decision of the Director of Immigration (“DI”) dated 28 December 2020. A copy of the Board’s Decision can be seen by the following hyperlink[1].
2. According to the Board’s Decision, the non-refoulement claim of the Applicant, an Indian, was based on a family dispute between him and his wife’s family members opposing to the marriage. Physical violence was alleged. After an oral hearing, the Board came to the finding that the Applicant’s factual account was not credible or reliable. The Board found no real risk of ill-treatment under the applicable grounds, and dismissed the Applicant’s appeal/petition against DI’s first tier decision. In any event, the Board also found that the dispute was completely private (and thus risk of persecution did not apply anyway), there was available State protection and internal relocation alternative.
3. The Applicant has not set out any grounds of judicial review in the Form 86 or supporting affirmation. I have considered the Board’s Decision vigorously, but am unable to detect any reasonable argument that the decision was tainted by any illegality, irrationality or procedural impropriety. In my view, the Board has conducted an anxious scrutiny of the facts of the case and assessed intensely its factual issues.
4. This application for leave to apply for leave is thus dismissed.
Dated the 10th day of March 2026
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(Teresa Ng)
for Registrar, High Court
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Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notes for the Applicant:
If leave has been granted, the Applicant or the Applicant’s solicitors must:
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
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Sent to the Applicant on 10 March 2026
Sidhu Inderpal Singh
Applicant’s ref. no.:
Nil. |
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Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 10 March 2026
Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 17520/21/1/16/IN3222
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 544/20 (formerly RBCZ 10471/20) (T2S4)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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