DAS NEPAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DAS NEPAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application was refused because the applicant was six months out of time with no explanation, identified no arguable legal errors in the Director's or Board's decisions, and the decisions correctly found the risk was localized, state protection and internal relocation were available; accordingly there was no prospect of success and no good reason to extend time.

Citation
[2025] HKCFI 5134
Parties
Applicant: Das Nepal; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2025
Case Number
HCAL1719/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, Torture Claim, Screening Process
Source Language
EN
Administrative Law Constitutional Law Immigration Law Refugee Law Procedural Law Non Refoulement Leave to Apply for Judicial Review Extension of Time +3 more

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Parties

Das Nepal

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time under Order 53 r 4(1) for filing Form 86
  2. 2 Whether the intended judicial review has sufficient prospects of success to grant leave
  3. 3 Whether the Board and Director committed error of law, irrationality or procedural unfairness in assessing non-refoulement risk

Ratio Decidendi

The application was refused because the applicant was six months out of time with no explanation, identified no arguable legal errors in the Director's or Board's decisions, and the decisions correctly found the risk was localized, state protection and internal relocation were available; accordingly there was no prospect of success and no good reason to extend time.

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 27 November 2019 be refused
  • The application for leave to apply for Judicial Review be dismissed