AHIRE SANDHYA BHASKAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

AHIRE SANDHYA BHASKAR v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

The leave application was dismissed because the applicant filed out of time with a substantial nine-month delay for which no good reason was shown, and the intended challenge lacked arguable merit as there was no identifiable error of law, irrationality or procedural unfairness in the Director's or the Board's...

Source-derived case information.

Citation
[2021] HKCFI 504
Parties
Applicant: Ahire Sandhya Bhaskar; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 2021
Case Number
HCAL153/2019
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Delay and Extension of Time, Judicial Review Standards, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Delay and Extension of Time Judicial Review Standards +1 more

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Summary, issues, holding and outcome

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Parties

Ahire Sandhya Bhaskar

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant has shown good reason to extend time beyond the statutory three-month limit
  3. 3 Whether the Director and the Torture Claims Appeal Board erred in law, were irrational, or procedurally unfair in rejecting the non-refoulement claim

Ratio Decidendi

The leave application was dismissed because the applicant filed out of time with a substantial nine-month delay for which no good reason was shown, and the intended challenge lacked arguable merit as there was no identifiable error of law, irrationality or procedural unfairness in the Director's or the Board's decisions; on the merits the Board's findings that there was no real risk of harm, state protection and internal relocation were available, were reasonable and not susceptible to judicial review intervention.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Application for leave to apply for judicial review dismissed