CHUNTED SIRIWAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

CHUNTED SIRIWAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused because the applicant was more than one month late without any explanation for the substantial delay and the intended judicial review had no realistic prospect of success as no arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions was identified; accordingly leave to apply for judicial review was dismissed.

Citation
[2026] HKCFI 729
Parties
Applicant: Chunted Siriwan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 2026
Case Number
HCAL1560/2023
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture Claim) / Leave Application Refused and Dismissed (extension of Time Refused)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Asylum, Judicial Review Leave, Extension of Time, Internal Relocation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Asylum Judicial Review Leave +2 more

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Parties

Chunted Siriwan

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/torture Claim) / Leave Application Refused and Dismissed (extension of Time Refused)

Legal Issues

  1. 1 Whether time for seeking leave should be extended
  2. 2 Whether the intended judicial review has any arguable merits (error of law, irrationality or procedural unfairness)
  3. 3 Whether private creditors’ threats amount to torture/persecution or whether state protection/internal relocation is available

Ratio Decidendi

Extension of time was refused because the applicant was more than one month late without any explanation for the substantial delay and the intended judicial review had no realistic prospect of success as no arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions was identified; 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 of the decision of Torture Claims Appeal Board dated 23 March 2023 be refused.
  • The application for leave to apply for Judicial Review be dismissed.