CASTILLO RAQUEL ADONA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

CASTILLO RAQUEL ADONA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court refused to extend time and dismissed the leave application because the applicants were more than ten months late, provided no credible or corroborated explanation for delay, had not returned the prescribed NCF (so no arguable merits), and there was no demonstrated error of law, irrationality or procedural unfairness by the Director or the Board warranting judicial review.

Citation
[2021] HKCFI 3333
Parties
1st Applicant: Castillo Raquel Adona; 2nd Applicant: Castillo Chloe Angela; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2021
Case Number
HCAL1170/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (extension of Time and Leave Refused)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Claims, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Screening Process, Representation of Minors
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Civil Procedure Non Refoulement Torture Claims Leave to Apply for Judicial Review Extension of Time +3 more

Case Brief

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Parties

Castillo Raquel Adona

1st Applicant

Castillo Chloe Angela

2nd 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 (extension of Time and Leave Refused)

Legal Issues

  1. 1 Whether to extend time for a leave application outside the three month limit
  2. 2 Whether the Torture Claims Appeal Board erred in refusing late filing of Notice of Appeal
  3. 3 Whether there was sufficient justification or evidence of circumstances beyond the applicants' control to re-open/justify delay

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the applicants were more than ten months late, provided no credible or corroborated explanation for delay, had not returned the prescribed NCF (so no arguable merits), and there was no demonstrated error of law, irrationality or procedural unfairness by the Director or the Board warranting judicial review.

Court Disposition

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

Orders

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