BUI QUY TAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUI QUY TAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Extension of time refused and leave dismissed because applicant's explanation for nearly four months' delay was not accepted and he could not demonstrate a reasonable prospect of success; there was no error by the Director or the Board in evaluating evidence or applying the law to his case.

Source-derived case information.

Citation
[2020] HKCFI 940
Parties
Applicant: Bui Quy Tan; 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
27 May 2020
Case Number
HCAL1853/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Notification of Judge's Decision Refusing Extension of Time and Dismissing Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Refoulement, Leave to Apply for Judicial Review, Extension of Time
Source Language
en
Immigration Constitutional and Administrative Law Human Rights Non Refoulement Torture Risk Refoulement Leave to Apply for Judicial Review Extension of Time

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Parties

Bui Quy Tan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Notification of Judge's Decision Refusing Extension of Time and Dismissing Leave Application

Legal Issues

  1. 1 Whether to extend time for filing application for leave to apply for judicial review
  2. 2 Whether the applicant has a reasonable prospect of success on the merits of his non-refoulement/torture claim
  3. 3 Whether the Board erred in its evaluation of evidence or in proceeding in applicant's absence

Ratio Decidendi

Extension of time refused and leave dismissed because applicant's explanation for nearly four months' delay was not accepted and he could not demonstrate a reasonable prospect of success; there was no error by the Director or the Board in evaluating evidence or applying the law to his case.

Court Disposition

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

Orders

  • Extension of time for application for leave to apply for judicial review of the Board's decision dated 9 February 2018 refused
  • Application for leave to apply for judicial review dismissed