ALI ASHIF v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ALI ASHIF v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Refusal to extend time and dismissal of the leave application was warranted because the applicant had an inordinate delay (>7 weeks beyond the three-month limit), offered no credible or corroborated reasons for the delay, failed to identify any arguable error of law or procedural unfairness in the Board's decision, and the Board had reasonably and lawfully concluded there were no special circumstances or merits warranting acceptance of a very late appeal; judicial review was not available as a rehearing of the underlying non-refoulement assessment.

Citation
[2022] HKCFI 2140
Parties
Applicant: Ali Ashif; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2022
Case Number
HCAL1870/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Extension of Time for Judicial Review, Procedural Fairness, Judicial Review Standard of Review, Internal Relocation, Appeal Time Limits
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee/non Refoulement Law Non Refoulement Extension of Time for Judicial Review Procedural Fairness +3 more

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Parties

Ali Ashif

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time for an application for leave to apply for judicial review under Order 53 r 4(1)
  2. 2 Whether the applicant has an arguable or reasonably arguable ground for judicial review of the Board's refusal to allow late filing of an appeal
  3. 3 Whether there was any error of law, irrationality or procedural unfairness in the Board's decision refusing late filing

Ratio Decidendi

Refusal to extend time and dismissal of the leave application was warranted because the applicant had an inordinate delay (>7 weeks beyond the three-month limit), offered no credible or corroborated reasons for the delay, failed to identify any arguable error of law or procedural unfairness in the Board's decision, and the Board had reasonably and lawfully concluded there were no special circumstances or merits warranting acceptance of a very late appeal; judicial review was not available as a rehearing of the underlying non-refoulement assessment.

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.