HOANG THI THANH THU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOANG THI THANH THU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Refusal to extend time and dismissal of the leave application: delay of over one year without satisfactory explanation combined with absence of any reasonably arguable ground of legal error or procedural unfairness in the Director's and Board's decisions meant there was no prospect of success and no good reason to...

Source-derived case information.

Citation
[2021] HKCFI 1173
Parties
Applicant: Hoang Thi Thanh Thu; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2021
Case Number
HCAL1091/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed; Extension of Time Refused
Outcome
Extension of time for the leave application refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Asylum and Refugee Law, Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, Standard of Review, Procedural Fairness
Source Language
en
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Asylum and Refugee Law Leave to Apply for Judicial Review +4 more

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Parties

Hoang Thi Thanh Thu

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether time for filing the leave application should be extended
  2. 2 Whether the proposed judicial review has a reasonably arguable prospect of success
  3. 3 Whether the Director of Immigration and the Board committed any error of law or procedural unfairness

Ratio Decidendi

Refusal to extend time and dismissal of the leave application: delay of over one year without satisfactory explanation combined with absence of any reasonably arguable ground of legal error or procedural unfairness in the Director's and Board's decisions meant there was no prospect of success and no good reason to extend time, therefore leave was refused.

Court Disposition

Extension of time for the leave application refused; application for leave to apply for judicial review dismissed

Orders

  • Extension of time for the application for leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed