ESPANA RODALYN SOMERA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ESPANA RODALYN SOMERA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Extension of time and leave were refused because applicants failed to show a reasonable prospect of success: no child-specific grounds were advanced that were not before the Board, the Board's fact findings on low intensity of past ill-treatment, availability of state protection and internal relocation were not shown to be legally flawed or procedurally unfair, and delay and lack of merit justified refusal.

Citation
[2022] HKCFI 1981
Parties
1st Applicant: Espana Rodalyn Somera; 2nd Applicant: Espana Arnold John; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2022
Case Number
HCAL241/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application and Extension of Time Refused; Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Judicial Review, Leave to Apply for Judicial Review, Child Specific Claims, State Protection, Internal Relocation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture/cidtp Judicial Review Leave to Apply for Judicial Review +3 more

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Parties

Espana Rodalyn Somera

1st Applicant

Espana Arnold John

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to grant extension of time to apply for judicial review
  2. 2 Whether the Board erred by treating the claim as a composite claim rather than separately considering child-specific issues
  3. 3 Whether the Board's findings on risk, state protection and internal relocation were vitiated by error of law, procedural unfairness or irrationality

Ratio Decidendi

Extension of time and leave were refused because applicants failed to show a reasonable prospect of success: no child-specific grounds were advanced that were not before the Board, the Board's fact findings on low intensity of past ill-treatment, availability of state protection and internal relocation were not shown to be legally flawed or procedurally unfair, and delay and lack of merit justified refusal.

Court Disposition

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

Orders

  • Extension of time for the Applicants to apply for Judicial Review refused
  • The application for leave to apply for Judicial Review dismissed