LILIK SUMRIYAH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LILIK SUMRIYAH AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave to apply for judicial review dismissed because applicants filed out of time without adequate explanation, failed to identify arguable legal errors in the Director’s or Board’s decisions, and the Board’s credibility, state protection and internal relocation findings were not vitiated by error, irrationality or unfairness; minors’ lack of representation was an irregularity but gave them no prospect of success.

Citation
[2021] HKCFI 1167
Parties
1st Applicant: Lilik Sumriyah; 2nd Applicant: Muhammad Mahendra alias Muhammad Maher Zain; 3rd Applicant: Lilik Sumriyah Hashibur Rahman Obaiyed; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2021
Case Number
HCAL920/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and Extension of Time
Outcome
Extension of time for the application for leave refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Judicial Review, Extension of Time, Credibility Assessment, Internal Relocation, Minor Specific Claims
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Article 3 HKBOR Judicial Review +4 more

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Parties

Lilik Sumriyah

1st Applicant

Muhammad Mahendra alias Muhammad Maher Zain

2nd Applicant

Lilik Sumriyah Hashibur Rahman Obaiyed

3rd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time for the application for leave to apply for judicial review
  2. 2 Whether the Director and the Torture Claims Appeal Board erred in law, acted irrationally, or committed procedural unfairness in rejecting the non-refoulement claim
  3. 3 Whether the claims of the minor children were separately and adequately considered

Ratio Decidendi

Extension of time was refused and leave to apply for judicial review dismissed because applicants filed out of time without adequate explanation, failed to identify arguable legal errors in the Director’s or Board’s decisions, and the Board’s credibility, state protection and internal relocation findings were not vitiated by error, irrationality or unfairness; minors’ lack of representation was an irregularity but gave them no prospect of success.

Court Disposition

Extension of time for the application for leave 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