JOSEPH JEROME v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

JOSEPH JEROME v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Refusal to extend time and dismissal of the leave application: the Applicant's delay of about 14 months was excessive and unexplained, his proposed grounds were broadly stated and not reasonably arguable, and there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions which reasonably found the risk localized and internal relocation available; accordingly there was no prospect of success and no good reason to extend time.

Citation
[2020] HKCFI 189
Parties
Applicant: Joseph Jerome; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 2020
Case Number
HCAL853/2018
Procedural Posture
Judicial Review (leave Application) / Application for Leave to Apply for Judicial Review; Consideration of Extension of Time Under Order 53
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Hong Kong Bill of Rights Articles 2 and 3, Internal Relocation, Procedural Fairness, Extension of Time for Judicial Review, Wednesbury Unreasonableness, Credibility Findings
Source Language
EN
Constitutional Law Administrative Law Immigration Law Refugee and Non Refoulement Law Non Refoulement Torture Risk Hong Kong Bill of Rights Articles 2 and 3 Internal Relocation +4 more

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Parties

Joseph Jerome

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Application for Leave to Apply for Judicial Review; Consideration of Extension of Time Under Order 53

Legal Issues

  1. 1 Whether to extend time for filing a leave application for judicial review under Order 53
  2. 2 Whether the Applicant has any reasonably arguable grounds for judicial review of the Director's or Board's decisions
  3. 3 Whether the Director and the Board made legal or procedural errors in assessing non-refoulement, torture/BOR and persecution risk

Ratio Decidendi

Refusal to extend time and dismissal of the leave application: the Applicant's delay of about 14 months was excessive and unexplained, his proposed grounds were broadly stated and not reasonably arguable, and there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions which reasonably found the risk localized and internal relocation available; accordingly there was no prospect of success and no good reason to extend time.

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