REYES LUCY MANALO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

REYES LUCY MANALO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for extension of time was refused because the applicants were 3.5 months late without explanation and the intended judicial review disclosed no reasonably arguable legal error or procedural unfairness in the Director's or Board's decisions; accordingly leave to apply for judicial review was dismissed.

Citation
[2020] HKCFI 1628
Parties
1st Applicant: Reyes Lucy Manalo; 2nd Applicant: Reyes Lj; Putative Respondent: Torture Claims Appeal Board / Non-eefoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 2020
Case Number
HCAL410/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), HKBOR Article 3 (prohibition of Torture/cruel, Inhuman or Degrading Treatment), HKBOR Article 2 (right to Life), Refugee Convention Article 33 (non Refoulement), Internal Relocation, Extension of Time for Judicial Review, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Article 3 (prohibition of Torture/cruel, Inhuman or Degrading Treatment) +5 more

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Parties

Reyes Lucy Manalo

1st Applicant

Reyes Lj

2nd Applicant

Torture Claims Appeal Board / Non-eefoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time under Order 53 r 4(1) Rules of the High Court
  2. 2 Whether the intended judicial review has any reasonably arguable grounds
  3. 3 Whether non-refoulement protection is engaged (torture/BOR3/persecution)

Ratio Decidendi

The application for extension of time was refused because the applicants were 3.5 months late without explanation and the intended judicial review disclosed no reasonably arguable legal error or procedural unfairness in the Director's or Board's decisions; accordingly leave to apply for judicial review was dismissed.

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 of the decision of Torture Claims Appeal Board dated 28 August 2017 refused
  • Application for leave to apply for Judicial Review dismissed