BUI THI LE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUI THI LE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application for extension of time was refused because the applicant was more than four months late, provided no satisfactory explanation for the substantial delay and failed to identify any arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's and Director's findings that the risk was localized, state protection and internal relocation were available, and thus no non-refoulement protection was warranted, were lawful and should not be reviewed; accordingly leave to apply for judicial review was dismissed.

Citation
[2023] HKCFI 1493
Parties
Applicant: Bui Thi Le; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 June 2023
Case Number
HCAL186/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Extension of Time, Judicial Review, Delay, Domestic Violence
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Extension of Time +3 more

Case Brief

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Parties

Bui Thi Le

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) / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to extend time for filing an application for leave to apply for judicial review
  2. 2 Whether the intended judicial review discloses arguable error of law, irrationality or procedural unfairness
  3. 3 Whether past domestic violence by a private actor gives rise to non-refoulement protection

Ratio Decidendi

The application for extension of time was refused because the applicant was more than four months late, provided no satisfactory explanation for the substantial delay and failed to identify any arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's and Director's findings that the risk was localized, state protection and internal relocation were available, and thus no non-refoulement protection was warranted, were lawful and should not be reviewed; accordingly leave to apply for judicial review was dismissed.

Court Disposition

Extension of time 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.