DANISH ARSHAD MEHMOOD ALIAS DANISH ARSHAD MOHMOOD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DANISH ARSHAD MEHMOOD ALIAS DANISH ARSHAD MOHMOOD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time refused because delay of over seven months was substantial and unexplained; the intended judicial review had no realistic prospect of success because the Director and Board lawfully and reasonably found the risk was localized, state protection and internal relocation were available, and no legal...

Source-derived case information.

Citation
[2021] HKCFI 1597
Parties
Applicant: Danish Arshad Mehmood alias Danish Arshad Mohmood; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 June 2021
Case Number
HCAL1235/2018
Procedural Posture
Judicial Review Application for Leave / Application for Leave Refused; Extension of Time Refused; Leave Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Article 2 HKBOR (right to Life), Article 3 HKBOR, Internal Relocation, Delay/extension of Time, Standard of Judicial Review
Source Language
en
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Article 2 HKBOR (right to Life) Article 3 HKBOR +3 more

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Parties

Danish Arshad Mehmood alias Danish Arshad Mohmood

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application for Leave / Application for Leave Refused; Extension of Time Refused; Leave Application Dismissed

Legal Issues

  1. 1 Whether time should be extended for filing leave application under Order 53 r 4(1)
  2. 2 Whether applicant has arguable BOR 2 (right to life) or other non-refoulement claim
  3. 3 Whether state protection and internal relocation are reasonably available

Ratio Decidendi

Extension of time refused because delay of over seven months was substantial and unexplained; the intended judicial review had no realistic prospect of success because the Director and Board lawfully and reasonably found the risk was localized, state protection and internal relocation were available, and no legal error, irrationality or procedural unfairness was demonstrated.

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