KAMARA ALPHA IBRAHIM BUBA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

KAMARA ALPHA IBRAHIM BUBA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The court refused to extend time because the applicant's delay of over nine months was substantial and he gave no adequate reason; his proposed grounds were vague and not reasonably arguable; on the merits the Director's decision was lawful and reasonable given the applicant's inconsistent, uncorroborated accounts...

Source-derived case information.

Citation
[2019] HKCFI 1049
Parties
Applicant: Kamara Alpha Ibrahim Buba; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2019
Case Number
HCAL507/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed; Extension of Time Refused
Outcome
Extension of time for the application for leave to apply for judicial review refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (torture/cruel, Inhuman or Degrading Treatment), Extension of Time, Leave to Apply for Judicial Review, Procedural Fairness, Credibility Assessment, Internal Relocation, State Protection
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Refugee Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +7 more

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Parties

Kamara Alpha Ibrahim Buba

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed; Extension of Time Refused

Legal Issues

  1. 1 Whether to extend the time for filing an application for leave to apply for judicial review
  2. 2 Whether the Director of Immigration erred in assessing the applicant's non-refoulement and related HKBOR claims
  3. 3 Whether the applicant's proposed grounds disclosed an arguable case/prospect of success

Ratio Decidendi

The court refused to extend time because the applicant's delay of over nine months was substantial and he gave no adequate reason; his proposed grounds were vague and not reasonably arguable; on the merits the Director's decision was lawful and reasonable given the applicant's inconsistent, uncorroborated accounts and the availability of internal relocation and state protection, so there was no prospect of success and leave was dismissed.

Court Disposition

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

Orders

  • Extension of time for the application for leave to apply for Judicial Review of the decision of Director of Immigration made on 13 March 2017 refused.
  • Leave to apply for Judicial Review dismissed.