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

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

The court refused to extend time and dismissed the leave application because the applicants were substantially late with no good reason for delay, their grounds were broad, vague and lacked particulars and were not reasonably arguable, and there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions which had properly assessed low risk, state protection and reasonable internal relocation; accordingly there was no prospect of success.

Citation
[2019] HKCFI 749
Parties
1st Applicant: Wariani; 2nd Applicant: Kareem Muhammad Akhtar Febriando; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 September 2019
Case Number
HCAL384/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave Filed Out of Time; Extension of Time Refused; Leave to Apply for Judicial Review Dismissed
Outcome
Extension of time for application for leave refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/article 3 BOR, Internal Relocation, Unified Screening Mechanism, Leave to Apply for Judicial Review, Extension of Time, Risk Assessment
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Judicial Review Non Refoulement Torture/article 3 BOR Internal Relocation +4 more

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Parties

Wariani

1st Applicant

Kareem Muhammad Akhtar Febriando

2nd Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Application for Leave Filed Out of Time; Extension of Time Refused; Leave to Apply for Judicial Review Dismissed

Legal Issues

  1. 1 Whether the court should extend time for an out-of-time application for leave to apply for judicial review
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board made legal errors or committed procedural unfairness in assessing non-refoulement/torture claims
  3. 3 Whether internal relocation and availability of state protection negate non-refoulement risk

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the applicants were substantially late with no good reason for delay, their grounds were broad, vague and lacked particulars and were not reasonably arguable, and there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions which had properly assessed low risk, state protection and reasonable internal relocation; accordingly there was no prospect of success.

Court Disposition

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

Orders

  • Extension of time for the application for leave to apply for judicial review of the Board's decision dated 7 July 2017 refused
  • Leave to apply for judicial review dismissed