IQBAL MAZHAR ALIAS MAZHAR IQBAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IQBAL MAZHAR ALIAS MAZHAR IQBAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court acceded to the lead applicant's unequivocal request to withdraw the leave application and dismissed the application for all three applicants because the children's claims were premised on and represented by the father as next friend; the application was also plainly out of time under Order 53 r4(1) and no...

Source-derived case information.

Citation
[2021] HKCFI 1506
Parties
Applicant: Do Van Vuong; Applicant: Do Gia Linh; Applicant: Do Gia Nhi; Putative Respondent: Torture Claims Appeal Board; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2021
Case Number
HCAL1418/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non‑refoulement) / Leave Application Dismissed Following Applicant's Withdrawal; Application Was Significantly Out of Time
Outcome
Application for leave to apply for judicial review dismissed following withdrawal by lead applicant; dismissal applies to all three applicants
Legal Topics
Non‑refoulement, Torture and Article 3 HKBOR, Right to Life Article 2 HKBOR, Refugee Convention Article 33, Timeliness and Extension of Time, Appeal Deadlines, Withdrawal of Judicial Review Application, Next Friend/minor Representation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non‑refoulement Torture and Article 3 HKBOR Right to Life Article 2 HKBOR Refugee Convention Article 33 +4 more

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Parties

Do Van Vuong

Applicant

Do Gia Linh

Applicant

Do Gia Nhi

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non‑refoulement) / Leave Application Dismissed Following Applicant's Withdrawal; Application Was Significantly Out of Time

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted in respect of the Board's preliminary refusal to allow late filing of appeals
  2. 2 Whether the application for leave was promptly made and within the three‑month limit or whether time should be extended
  3. 3 Whether the Director and the Board erred in law in assessing non‑refoulement, torture/Article 3 and persecution risks

Ratio Decidendi

The court acceded to the lead applicant's unequivocal request to withdraw the leave application and dismissed the application for all three applicants because the children's claims were premised on and represented by the father as next friend; the application was also plainly out of time under Order 53 r4(1) and no basis for extension was advanced, reinforcing dismissal.

Court Disposition

Application for leave to apply for judicial review dismissed following withdrawal by lead applicant; dismissal applies to all three applicants

Orders

  • The Applicants' application for leave to apply for judicial review be dismissed.