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

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

The court refused extension of time and dismissed the application for leave because the application against the Board was out of time with no application for extension or good reason, the proposed judicial review had no reasonable prospect of success as the Board had rejected the applicant's evidence and state protection was found available, and the Director's decisions were not susceptible to judicial review once an appeal to the Board was pursued.

Citation
[2019] HKCFI 2634
Parties
Applicant: Abbas Asad; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCAL1729/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Notification of Judge's Decision on Leave Application (refused)
Outcome
Extension of time for leave refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, BOR 2 (right to Life), BOR 3 (prohibition of Cruel, Inhuman or Degrading Treatment), Extension of Time, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk BOR 2 (right to Life) +3 more

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Parties

Abbas Asad

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Notification of Judge's Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted against the Director of Immigration
  2. 2 Whether leave to apply for judicial review should be granted against the Torture Claims Appeal Board
  3. 3 Whether the application was out of time and whether an extension of time should be granted

Ratio Decidendi

The court refused extension of time and dismissed the application for leave because the application against the Board was out of time with no application for extension or good reason, the proposed judicial review had no reasonable prospect of success as the Board had rejected the applicant's evidence and state protection was found available, and the Director's decisions were not susceptible to judicial review once an appeal to the Board was pursued.

Court Disposition

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

Orders

  • Extension of time for application for leave to apply for judicial review of the Board's decision dated 10 May 2017 refused
  • Application for leave to apply for judicial review dismissed