HOANG VAN DO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOANG VAN DO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave dismissed because the applicant was more than 2 years 5 months late with no good reason for the delay and no reasonably arguable legal basis identified to challenge the Board's credibility findings and risk assessment; judicial review cannot be used to rehear a non-refoulement...

Source-derived case information.

Citation
[2021] HKCFI 1160
Parties
Applicant: Hoang Van Do; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2021
Case Number
HCAL455/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision Refusing Extension of Time and Dismissing Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Credibility Assessment, Internal Relocation, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Leave to Apply for Judicial Review Extension of Time Credibility Assessment +2 more

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Parties

Hoang Van Do

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision Refusing Extension of Time and Dismissing Leave Application

Legal Issues

  1. 1 Whether to extend time under Order 53 r 4(1) for filing leave application
  2. 2 Whether the intended judicial review has a reasonably arguable basis
  3. 3 Standard of review for non-refoulement decisions (no rehearing)

Ratio Decidendi

Extension of time was refused and leave dismissed because the applicant was more than 2 years 5 months late with no good reason for the delay and no reasonably arguable legal basis identified to challenge the Board's credibility findings and risk assessment; judicial review cannot be used to rehear a non-refoulement claim absent legal error or procedural unfairness.

Court Disposition

Extension of time 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