AT v. DIRECTOR OF IMMIGRATION AND ANOTHER

AT v. DIRECTOR OF IMMIGRATION AND ANOTHER

Application for leave dismissed because applicant filed out of time without satisfactory explanation; the Adjudicator's factual findings that applicant did not prove ownership of the land and thus had no real, personal and present risk were open on the evidence; DOI and Adjudicator adequately considered COI and state acquiescence and reasonably concluded internal relocation and state protection were available; intended grounds were not reasonably arguable.

Citation
AT v. DIRECTOR OF IMMIGRATION AND ANOTHER
Parties
Applicant: AT; 1st Respondent: Director of Immigration; 2nd Respondent (member of the Torture Claims Appeal Board / Adjudicator of the Non Refoulement Claims Petition Office): Gerard Paul Muttrie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2017
Case Number
HCAL165/2016
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application (paper Disposal)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
State Acquiescence, Country of Origin Information (coi), Delay and Extension of Time, Wednesbury Unreasonableness, Torture Under CAT, Internal Relocation, Procedural Fairness/high Standards of Fairness
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Asylum and Non Refoulement Judicial Review State Acquiescence Country of Origin Information (coi) Delay and Extension of Time +4 more

Case Brief

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Parties

AT

Applicant

Director of Immigration

1st Respondent

Gerard Paul Muttrie

2nd Respondent (member of the Torture Claims Appeal Board / Adjudicator of the Non Refoulement Claims Petition Office)

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application (paper Disposal)

Legal Issues

  1. 1 Whether to extend time for the out-of-time leave application
  2. 2 Whether the DOI and Adjudicator erred in law in assessing state acquiescence/extended state acquiescence
  3. 3 Whether relevant COI was considered and given adequate weight

Ratio Decidendi

Application for leave dismissed because applicant filed out of time without satisfactory explanation; the Adjudicator's factual findings that applicant did not prove ownership of the land and thus had no real, personal and present risk were open on the evidence; DOI and Adjudicator adequately considered COI and state acquiescence and reasonably concluded internal relocation and state protection were available; intended grounds were not reasonably arguable.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Application for leave dismissed
  • No order as to costs