BARBIN SHERYRLL PERALTA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

BARBIN SHERYRLL PERALTA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Applicant was over nine months late, offered insufficient excuse for delay, and the intended appeal had no realistic prospect of success because the Board's adverse credibility findings stood and state protection with internal relocation was reasonable; therefore extension of time is refused and the application...

Source-derived case information.

Citation
[2023] HKCFI 1369
Parties
Applicant: Barbin Sheryrll Peralta; 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
6 June 2023
Case Number
HCAL684/2019
Procedural Posture
Leave to Apply for Judicial Review and Application for Extension of Time / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Application dismissed; extension of time refused.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Credibility Assessment, State Protection, Internal Relocation
Source Language
en
Constitutional and Administrative Law Immigration Law Refugee and Non Refoulement Law Judicial Review Extension of Time Leave to Apply for Judicial Review Credibility Assessment State Protection +1 more

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Parties

Barbin Sheryrll Peralta

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review and Application for Extension of Time / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to grant extension of time to apply for leave to apply for judicial review
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's credibility findings and state protection/internal relocation conclusions can be impugned

Ratio Decidendi

Applicant was over nine months late, offered insufficient excuse for delay, and the intended appeal had no realistic prospect of success because the Board's adverse credibility findings stood and state protection with internal relocation was reasonable; therefore extension of time is refused and the application dismissed.

Court Disposition

Application dismissed; extension of time refused.

Orders

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