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

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

Applicant’s leave application was out of time with an inordinate delay and no good reason was shown; the intended grounds lacked reasonable prospects of success because the Director and Board rationally found no real risk of serious harm given availability of state protection and reasonable internal relocation; no legal error or procedural unfairness justified intervention; accordingly extension of time refused and leave dismissed.

Citation
[2021] HKCFI 3629
Parties
Applicant: Amellia; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2021
Case Number
HCAL104/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time for the leave application refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, HKBOR Article 3 (bor 3), HKBOR Article 2 (bor 2), Internal Relocation, Procedural Fairness (right to Oral Hearing), Extension of Time for Judicial Review, Wednesbury Irrationality
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture/cidtp HKBOR Article 3 (bor 3) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Amellia

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to extend time for filing leave application under Order 53 r 4(1)
  2. 2 Whether the Board erred in law or acted procedurally unfairly in assessing BOR 3 risk
  3. 3 Whether failure to hold oral hearing rendered decision unfair

Ratio Decidendi

Applicant’s leave application was out of time with an inordinate delay and no good reason was shown; the intended grounds lacked reasonable prospects of success because the Director and Board rationally found no real risk of serious harm given availability of state protection and reasonable internal relocation; no legal error or procedural unfairness justified intervention; accordingly extension of time refused and leave dismissed.

Court Disposition

Extension of time for the leave application 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