MASRUROH IMAS AND ANOTHER v. YUNG YIU-WING, ESQ., TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MASRUROH IMAS AND ANOTHER v. YUNG YIU-WING, ESQ., TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for extension of time and leave to apply for judicial review was refused because the applicants filed late without adequate explanation and their proposed grounds were broad, vague and lacking particulars such that there was no real prospect of success; the Board and Director had reasonably assessed risk, relied on relevant COI, and correctly concluded that internal relocation and state protection made non‑refoulement protection unnecessary.

Citation
[2019] HKCFI 197
Parties
1st Applicant: Masruroh Imas; 2nd Applicant: Alam Zaineb Mahir; Putative Respondent: Yung Yiu-wing, ESQ., 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 March 2019
Case Number
HCAL337/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (extension of Time Refused; Leave Dismissed)
Outcome
Extension of time refused; leave to apply for judicial review dismissed.
Legal Topics
Non‑refoulement, Torture Risk, HKBOR Article 3, Internal Relocation, State Protection, Extension of Time, Judicial Review Leave
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non‑refoulement Torture Risk HKBOR Article 3 Internal Relocation +3 more

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Parties

Masruroh Imas

1st Applicant

Alam Zaineb Mahir

2nd Applicant

Yung Yiu-wing, ESQ., 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 / Leave Application (extension of Time Refused; Leave Dismissed)

Legal Issues

  1. 1 Whether to extend time for filing application for leave to apply for judicial review
  2. 2 Whether the Torture Claims Appeal Board erred in law or acted unfairly in rejecting non‑refoulement claim
  3. 3 Adequacy and relevance of Country of Origin Information (COI) relied upon

Ratio Decidendi

The application for extension of time and leave to apply for judicial review was refused because the applicants filed late without adequate explanation and their proposed grounds were broad, vague and lacking particulars such that there was no real prospect of success; the Board and Director had reasonably assessed risk, relied on relevant COI, and correctly concluded that internal relocation and state protection made non‑refoulement protection unnecessary.

Court Disposition

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

Orders

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