AKRAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AKRAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave to apply for judicial review dismissed because the applicant was almost 23 months late without any explanation or good reason, the intended application lacked arguable merits, and there was no identifiable legal error, irrationality or procedural unfairness in the Director's...

Source-derived case information.

Citation
[2022] HKCFI 247
Parties
Applicant: Akram Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2022
Case Number
HCAL2462/2020
Procedural Posture
Judicial Review of Administrative Immigration Decision (non‑refoulement/torture Claim) / Application for Leave to Apply for Judicial Review; Application for Extension of Time; Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non‑refoulement, Risk of Torture (part VIIC, Immigration Ordinance), Right to Life (bor Article 2), Prohibition of Torture/cruel, Inhuman or Degrading Treatment (bor Article 3), Internal Relocation
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non‑refoulement Risk of Torture (part Viic, Immigration Ordinance) Right to Life (bor Article 2) Prohibition of Torture/cruel, Inhuman or Degrading Treatment (bor Article 3) +1 more

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Parties

Akram Muhammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review of Administrative Immigration Decision (non‑refoulement/torture Claim) / Application for Leave to Apply for Judicial Review; Application for Extension of Time; Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for filing leave application under Order 53 r 4(1)
  2. 2 Whether the Director and the Torture Claims Appeal Board erred in law or acted unfairly in rejecting non‑refoulement/torture and BOR 2/3 claims
  3. 3 Whether internal relocation is a reasonable alternative negating non‑refoulement protection

Ratio Decidendi

Extension of time was refused and leave to apply for judicial review dismissed because the applicant was almost 23 months late without any explanation or good reason, the intended application lacked arguable merits, and there was no identifiable legal error, irrationality or procedural unfairness in the Director's or Board's decisions.

Court Disposition

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

Orders

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