EJAZ ADNAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

EJAZ ADNAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review is refused because the Board lawfully exercised its discretion to refuse an extension of time given undue delay, no documentary support for the applicant's explanation, lack of merit and absence of special circumstances; the Board's adverse factual findings on risk and protection stand and do not disclose error of law, procedural unfairness or irrationality and the applicant has no reasonable prospect of success.

Citation
[2021] HKCFI 625
Parties
Applicant: Ejaz Adnan; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2021
Case Number
HCAL1286/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Bill of Rights (bor 2 and BOR 3), Refugee Convention Article 33, Extension of Time to Appeal, Judicial Review Leave
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture and CIDTP Bill of Rights (bor 2 and BOR 3) Refugee Convention Article 33 +2 more

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Parties

Ejaz Adnan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance

Legal Issues

  1. 1 Whether the Board ought to have granted an extension of time to file the second notice of appeal
  2. 2 Whether the Board's decision was Wednesbury unreasonable, procedurally unfair or infected by error of law
  3. 3 Whether the applicant has an arguable basis to challenge the Board's factual findings on risk (torture, BOR2, BOR3) and state protection/persecution

Ratio Decidendi

Leave to apply for judicial review is refused because the Board lawfully exercised its discretion to refuse an extension of time given undue delay, no documentary support for the applicant's explanation, lack of merit and absence of special circumstances; the Board's adverse factual findings on risk and protection stand and do not disclose error of law, procedural unfairness or irrationality and the applicant has no reasonable prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Applicant's application dismissed