CALUZA MARIA LOURDES GALANG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CALUZA MARIA LOURDES GALANG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time was refused because the applicants delayed for more than nine months without providing any reason for the delay and there was no realistic prospect of success on appeal given the Board's adverse credibility findings and its conclusion that state protection and internal relocation were available; accordingly the statutory/common law factors for granting an extension were not satisfied.

Citation
[2024] HKCFI 2092
Parties
1st Applicant: Caluza Maria Lourdes Galang; 2nd Applicant: Cockram Mara-Jade Galang; 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
30 August 2024
Case Number
HCAL819/2019
Procedural Posture
Judicial Review Application for Extension of Time to Appeal a Non Refoulement/torture Claims Appeal Board Decision / Decision on Application for Extension of Time (chambers)
Outcome
Application for extension of time refused and applicants' application dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Credibility Findings, Deemed Service, Prospect of Success Test, Procedural Dismissal on Paper
Source Language
EN
Constitutional Law Administrative Law Immigration Law Asylum and Non Refoulement Law Civil Procedure Extension of Time Leave to Apply for Judicial Review Credibility Findings +3 more

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Parties

Caluza Maria Lourdes Galang

1st Applicant

Cockram Mara-Jade Galang

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application for Extension of Time to Appeal a Non Refoulement/torture Claims Appeal Board Decision / Decision on Application for Extension of Time (chambers)

Legal Issues

  1. 1 Whether to extend time to file a notice of appeal against the Court's dismissal of an application for leave to apply for judicial review
  2. 2 Whether the intended appeal has any realistic prospect of success given Board's findings on credibility and availability of state protection/internal relocation
  3. 3 Whether the applicants provided a satisfactory explanation for the delay

Ratio Decidendi

Extension of time was refused because the applicants delayed for more than nine months without providing any reason for the delay and there was no realistic prospect of success on appeal given the Board's adverse credibility findings and its conclusion that state protection and internal relocation were available; accordingly the statutory/common law factors for granting an extension were not satisfied.

Court Disposition

Application for extension of time refused and applicants' application dismissed

Orders

  • Extension of time to file the notice of appeal is refused
  • The applicants' application is dismissed