AKHTAR WAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

AKHTAR WAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Applicant\u2019s application was refused because the delay of almost four years was unexplained, the proposed judicial review had no realistic prospect of success given the Board\u2019s fact-based findings (low intensity/frequency of past ill-treatment, no evidence of intent, availability of state protection and internal relocation) and there was no demonstrable error of law or procedural unfairness warranting intervention; therefore extension of time was refused and leave dismissed.

Citation
[2023] HKCFI 2687
Parties
Applicant: Akhtar Waheed; 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
7 November 2023
Case Number
HCAL1224/2019
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Right to Life (hkbor Article 2), Cruel, Inhuman or Degrading Treatment (hkbor Article 3), Persecution (refugee Convention Article 33), Extension of Time, Judicial Review Leave, State Protection, Internal Relocation, Procedural Fairness
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Right to Life (hkbor Article 2) Cruel, Inhuman or Degrading Treatment (hkbor Article 3) +6 more

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Parties

Akhtar Waheed

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review; Extension of Time Refused

Legal Issues

  1. 1 Whether to extend time for leave to apply for judicial review
  2. 2 Whether the Board was entitled to refuse late filing of appeal
  3. 3 Whether applicant established real risk of torture or violation of right to life

Ratio Decidendi

Applicant\u2019s application was refused because the delay of almost four years was unexplained, the proposed judicial review had no realistic prospect of success given the Board\u2019s fact-based findings (low intensity/frequency of past ill-treatment, no evidence of intent, availability of state protection and internal relocation) and there was no demonstrable error of law or procedural unfairness warranting intervention; therefore extension of time was refused and leave dismissed.

Court Disposition

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

Orders

  • The extension of time for the application for Judicial Review be refused
  • The application for leave to apply for Judicial Review be dismissed