HASSAN NASER ABDIRAHMAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

HASSAN NASER ABDIRAHMAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was refused because it was made more than 20 months out of time and the proposed judicial review had no realistic prospect of success: the Board accepted the applicant's evidence, applied correct legal principles, reasonably concluded internal relocation to Mogadishu was viable, and made no error of law, procedural unfairness or irrationality.

Citation
[2022] HKCFI 2691
Parties
Applicant: Hassan Naser Abdirahman; 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
1 September 2022
Case Number
HCAL193/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave and Extension of Time (refused)
Outcome
Extension of time to apply for leave refused; Leave to apply for judicial review refused.
Legal Topics
Internal Relocation, Delay and Limitation, Judicial Review Leave, Wednesbury Unreasonableness, Unified Screening Mechanism, Torture/cidtp
Source Language
EN
Immigration Administrative Law Constitutional and Administrative Law Refugee and Non Refoulement Law Internal Relocation Delay and Limitation Judicial Review Leave Wednesbury Unreasonableness +2 more

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Parties

Hassan Naser Abdirahman

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 / Decision on Leave and Extension of Time (refused)

Legal Issues

  1. 1 Whether extension of time should be granted for an out-of-time leave application
  2. 2 Whether the Board erred in law, acted procedurally unfairly or reached an irrational decision
  3. 3 Whether internal relocation (Mogadishu) was a viable alternative to refoulement

Ratio Decidendi

The leave application was refused because it was made more than 20 months out of time and the proposed judicial review had no realistic prospect of success: the Board accepted the applicant's evidence, applied correct legal principles, reasonably concluded internal relocation to Mogadishu was viable, and made no error of law, procedural unfairness or irrationality.

Court Disposition

Extension of time to apply for leave refused; Leave to apply for judicial review refused.

Orders

  • Extension of time to apply for leave to apply for Judicial Review refused
  • Leave to apply for Judicial Review refused