BUTT MUHAMMAD ZUBAIR V, THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

BUTT MUHAMMAD ZUBAIR V, THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

Refusal to extend time and dismissal of the leave application was justified because the applicant had a two‑month unexplained delay, provided no good reason for the delay, and the intended challenge had no reasonably arguable merits given the Board and Director’s findings that there was low risk, available state protection and internal relocation; accordingly no prospect of success was shown.

Citation
[2020] HKCFI 1296
Parties
Applicant: Butt Muhammad Zubair; Putative Respondent: The Petition Teams (Security Bureau); Putative Interested Party: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 July 2020
Case Number
HCAL434/2018
Procedural Posture
Judicial Review (leave to Apply) / Application for Leave Refused; Extension of Time Refused
Outcome
Extension of time refused; leave to apply for judicial review dismissed
Legal Topics
Non‑refoulement, Torture Risk, Leave to Apply for Judicial Review, Extension of Time, Delay, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture Risk Leave to Apply for Judicial Review Extension of Time +3 more

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Parties

Butt Muhammad Zubair

Applicant

The Petition Teams (Security Bureau)

Putative Respondent

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Application for Leave Refused; Extension of Time Refused

Legal Issues

  1. 1 Whether to extend time for filing application for leave
  2. 2 Whether the intended judicial review has arguable merits
  3. 3 Whether there was procedural unfairness or error of law in Director/Board decisions

Ratio Decidendi

Refusal to extend time and dismissal of the leave application was justified because the applicant had a two‑month unexplained delay, provided no good reason for the delay, and the intended challenge had no reasonably arguable merits given the Board and Director’s findings that there was low risk, available state protection and internal relocation; accordingly no prospect of success was shown.

Court Disposition

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

Orders

  • Extension of time for filing application for leave refused
  • Leave to apply for judicial review dismissed