DO VAN TAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DO VAN TAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because it was filed more than three months after grounds arose with no satisfactory explanation for the substantial delay, the intended challenge had no identifiable merits or grounds, the Board validly accepted the applicant's withdrawal rendering the appeal disposed of, and there was no arguable legal error or procedural unfairness in the Director's or Board's decisions.

Citation
[2025] HKCFI 4616
Parties
Applicant: Do Van Tan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 October 2025
Case Number
HCAL848/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Withdrawal of Appeal, Time Extension for Judicial Review, Judicial Review Procedure
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Withdrawal of Appeal Time Extension for Judicial Review +1 more

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Parties

Do Van Tan

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the application was filed within the time limit or whether time should be extended
  3. 3 Whether the Board validly accepted withdrawal of the appeal and became functus officio

Ratio Decidendi

The leave application was dismissed because it was filed more than three months after grounds arose with no satisfactory explanation for the substantial delay, the intended challenge had no identifiable merits or grounds, the Board validly accepted the applicant's withdrawal rendering the appeal disposed of, and there was no arguable legal error or procedural unfairness in the Director's or Board's decisions.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review is dismissed.
  • Time for filing the application is not extended.