DUONG THI BE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DUONG THI BE v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time refused and leave dismissed because applicant filed more than two months late without explanation, there was no reasonably arguable error of law or procedural unfairness in the Director's or Board's decisions, and therefore no prospect of success to justify extending time.

Citation
[2021] HKCFI 1178
Parties
Applicant: Duong Thi Be; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2021
Case Number
HCAL1101/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave and Extension of Time Refused; Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Extension of Time, Judicial Review Leave
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Extension of Time +1 more

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Parties

Duong Thi Be

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time for the leave application
  2. 2 Whether the intended judicial review has a reasonably arguable basis
  3. 3 Whether the Board and Director erred in law or acted procedurally unfairly in rejecting non-refoulement protection based on private creditor threats

Ratio Decidendi

Extension of time refused and leave dismissed because applicant filed more than two months late without explanation, there was no reasonably arguable error of law or procedural unfairness in the Director's or Board's decisions, and therefore no prospect of success to justify extending 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 10 January 2018 refused
  • The application for leave to apply for Judicial Review dismissed