ALKASSOUM IBRAHIM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

ALKASSOUM IBRAHIM v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Applicant's leave application was dismissed because he was more than two months out of time without adequate explanation for the delay and he failed to identify any reasonably arguable ground of legal error or procedural unfairness in the Director's and Board's decisions; accordingly time was not extended and leave refused.

Citation
[2020] HKCFI 2327
Parties
Applicant: Alkassoum Ibrahim; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
HCAL789/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave (extension of Time Refused; Leave Dismissed)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Internal Relocation
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Leave to Apply for Judicial Review Extension of Time +2 more

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Parties

Alkassoum Ibrahim

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Application for Leave (extension of Time Refused; Leave Dismissed)

Legal Issues

  1. 1 Whether to extend time for the leave application
  2. 2 Whether the applicant has identified any reasonably arguable grounds for judicial review
  3. 3 Whether the Director and the Torture Claims Appeal Board committed any legal error or procedural unfairness

Ratio Decidendi

Applicant's leave application was dismissed because he was more than two months out of time without adequate explanation for the delay and he failed to identify any reasonably arguable ground of legal error or procedural unfairness in the Director's and Board's decisions; accordingly time was not extended and leave refused.

Court Disposition

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

Orders

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