GURUNG MINU v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

GURUNG MINU v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

The application for leave to appeal and for extension of time was dismissed because the leave application was out of time, no formal application for extension of time was made as required by the Rules of the High Court, the applicant failed to identify specific arguable errors or grounds demonstrating a real prospect of success, and the complained defects were either irrelevant or not substantiated.

Citation
[2019] HKCFI 956
Parties
Applicant: Gurung Minu; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2019
Case Number
HCAL1430/2018
Procedural Posture
Judicial Review (leave to Apply) and Application for Extension of Time / Decision on Application for Leave to Appeal and Extension of Time (paper Disposal)
Outcome
Application dismissed; leave to appeal refused; no extension of time granted
Legal Topics
Non‑refoulement, Leave to Apply for Judicial Review, Extension of Time, Appeal to Court of Appeal, Procedural Fairness and Representation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law (non‑refoulement) Judicial Review Procedure Non‑refoulement Leave to Apply for Judicial Review Extension of Time +2 more

Case Brief

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Parties

Gurung Minu

Applicant

Torture Claims Appeal Board

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) and Application for Extension of Time / Decision on Application for Leave to Appeal and Extension of Time (paper Disposal)

Legal Issues

  1. 1 Whether the applicant's leave application was out of time and whether time should be extended
  2. 2 Whether the applicant was denied procedural fairness by lack of legal assistance or inadequate explanation of the Board's decision
  3. 3 Whether the applicant was screened for BOR2 risk

Ratio Decidendi

The application for leave to appeal and for extension of time was dismissed because the leave application was out of time, no formal application for extension of time was made as required by the Rules of the High Court, the applicant failed to identify specific arguable errors or grounds demonstrating a real prospect of success, and the complained defects were either irrelevant or not substantiated.

Court Disposition

Application dismissed; leave to appeal refused; no extension of time granted

Orders

  • Application for leave to appeal dismissed
  • Extension of time to apply for leave refused