DO THI THINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DO THI THINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application was out of time by over 18 months and the applicant failed to show a good reason for the delay; she did not advance any arguable legal or procedural error in the Board's decision, which lawfully found the threat to be a private monetary dispute with available state protection and reasonable internal relocation options. Accordingly time was not extended and leave to apply for judicial review was dismissed.

Citation
[2021] HKCFI 1312
Parties
Applicant: Do Thi Thinh; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2021
Case Number
HCAL712/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application (consolidated)
Outcome
Extension of time for the application for leave to apply for judicial review refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Extension of Time, Leave to Apply for Judicial Review, Internal Relocation, Procedural Delay
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR Extension of Time +3 more

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Parties

Do Thi Thinh

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application (consolidated)

Legal Issues

  1. 1 Whether the court should extend time for bringing the application for leave to apply for judicial review
  2. 2 Whether there is a reasonably arguable ground for judicial review of the Torture Claims Appeal Board decision
  3. 3 Whether the Board or Director made an error of law or procedural unfairness in assessing non-refoulement, torture or persecution risk

Ratio Decidendi

The application was out of time by over 18 months and the applicant failed to show a good reason for the delay; she did not advance any arguable legal or procedural error in the Board's decision, which lawfully found the threat to be a private monetary dispute with available state protection and reasonable internal relocation options. Accordingly time was not extended and leave to apply for judicial review was dismissed.

Court Disposition

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

Orders

  • Extension of time refused for the application for leave to apply for judicial review of the decision of Torture Claims Appeal Board dated 24 November 2017
  • Leave to apply for judicial review dismissed