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

Extension of time and leave to apply for judicial review were refused because the applicant failed to explain delay, provided no arguable legal ground to show the Board committed error of law, procedural unfairness or irrationality in refusing to re-open his claim, and therefore had no reasonable prospect of success.

Source-derived case information.

Citation: [2021] HKCFI 602
Parties: Applicant: Ali Majid; 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: 8 March 2021
Case Number: HCAL1253/2018
Procedural Posture: Application for Leave to Apply for Judicial Review / Leave Application Refused; Consideration on Papers; Extension of Time Refused
Outcome: Leave to apply for judicial review refused; application dismissed; extension of time refused
Legal Topics: Non Refoulement, Torture Claim, Re Opening of Claim, Extension of Time, Procedural Fairness, Wednesbury Unreasonableness, Abuse of Process
Source Language: en

Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Claim Re Opening of Claim Extension of Time +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ali Majid

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

1 Whether extension of time should be granted for applying for leave to apply for judicial review
2 Whether the Director lawfully refused to re-open the non-refoulement/torture claim under s37ZG of the Immigration Ordinance
3 Whether the Board's decision involved error of law, procedural unfairness or irrationality (Wednesbury)

Ratio Decidendi

Court Disposition

Leave to apply for judicial review refused; application dismissed; extension of time refused

Orders

Leave to apply for judicial review refused
Extension of time to file application for leave refused

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