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

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

The Board erred in law by refusing to consider the merits of the applicant's case when deciding whether to extend time to file a notice of appeal; consequently leave to apply for judicial review of the Board's Second Decision is granted.

Source-derived case information.

Citation
[2023] HKCFI 2902
Parties
Applicant: Asif Muhammad; 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
23 November 2023
Case Number
HCAL1186/2019
Procedural Posture
Judicial Review (leave Application) / Leave Granted (notification)
Outcome
Leave granted to apply for judicial review of the Board's Second Decision.
Legal Topics
Non Refoulement, Bill of Rights (bor 2 and BOR 3), Extension of Time for Appeal, Procedural Fairness, Judicial Review Leave
Source Language
en
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Law Non Refoulement Bill of Rights (bor 2 and BOR 3) Extension of Time for Appeal +2 more

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Parties

Asif Muhammad

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Granted (notification)

Legal Issues

  1. 1 Whether the Torture Claims Appeal Board was correct to refuse an extension of time to file a notice of appeal against the Director's Further Decision
  2. 2 Whether the Board was obliged to take the merits of the applicant's underlying claim into account when exercising its discretion to extend time
  3. 3 Whether the Director's decision remains susceptible to judicial review once an appeal to the Board is pursued

Ratio Decidendi

The Board erred in law by refusing to consider the merits of the applicant's case when deciding whether to extend time to file a notice of appeal; consequently leave to apply for judicial review of the Board's Second Decision is granted.

Court Disposition

Leave granted to apply for judicial review of the Board's Second Decision.

Orders

  • Applicant to issue the originating summons within 14 days from grant of leave in accordance with Order 53, rule 5 of the RHC.
  • Applicant/solicitors to serve the order granting leave and any directions on the respondent and interested parties within 14 days (Order 53, rule 4A).