SUYANTI AND ANOTHER v. ABU B. BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SUYANTI AND ANOTHER v. ABU B. BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Extension of time was refused and the leave application dismissed because the applicants were significantly out of time (over seven months) without acceptable explanation and their stated grounds were broad, vague and lacked particulars or merit; the Director and Board had reasonably concluded the risk was localized and that state protection and internal relocation in Indonesia were available, and there was no demonstrated error of law or procedural unfairness warranting review.

Citation
[2018] HKCFI 2816
Parties
Applicant (1st): Suyanti; Applicant (2nd): Suyanti Grace Amponsah; Putative Respondent: Abu B. Bin Wahab; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2018
Case Number
HCAL216/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Extension of Time; Leave Application Dismissed
Outcome
Extension of time for the application for leave to apply for judicial review refused; leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Risk of Torture (part VIIC Immigration Ordinance), Article 3 Hong Kong Bill of Rights, Article 2 Hong Kong Bill of Rights, Internal Relocation, Procedural Fairness, Extension of Time for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture (part VIIC Immigration Ordinance) Article 3 Hong Kong Bill of Rights Article 2 Hong Kong Bill of Rights +3 more

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Parties

Suyanti

Applicant (1st)

Suyanti Grace Amponsah

Applicant (2nd)

Abu B. Bin Wahab

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Extension of Time; Leave Application Dismissed

Legal Issues

  1. 1 Whether to extend time for filing leave application
  2. 2 Whether intended judicial review has any prospect of success
  3. 3 Availability of state protection in origin country

Ratio Decidendi

Extension of time was refused and the leave application dismissed because the applicants were significantly out of time (over seven months) without acceptable explanation and their stated grounds were broad, vague and lacked particulars or merit; the Director and Board had reasonably concluded the risk was localized and that state protection and internal relocation in Indonesia were available, and there was no demonstrated error of law or procedural unfairness warranting review.

Court Disposition

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

Orders

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