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

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

Leave to file out of time and the leave application were refused because the applicant filed out of time, offered no credible explanation that would outweigh the lack of merits, the Board's adverse credibility findings were rational and free of legal error or procedural unfairness, and the proposed judicial review had no realistic prospect of success.

Citation
[2024] HKCFI 1239
Parties
Applicant: Kashif; 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
9 May 2024
Case Number
HCAL665/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Notification of Judge's Decision Refusing Leave and Refusing Extension of Time
Outcome
Leave to file the leave application out of time refused; Leave to apply for judicial review refused; Application for adjournment refused.
Legal Topics
Leave Out of Time, Delay, Credibility Findings, Procedural Fairness, Wednesbury Unreasonableness, Burden of Proof, Internal Relocation, State Protection
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee/non Refoulement Law Judicial Review Leave Out of Time Delay +6 more

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Parties

Kashif

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 / Notification of Judge's Decision Refusing Leave and Refusing Extension of Time

Legal Issues

  1. 1 Whether to grant leave out of time under s21K(6) HCO and Order 53
  2. 2 Whether the Board's adverse credibility findings involved error of law or procedural unfairness or irrationality
  3. 3 Whether the proposed judicial review has a realistic prospect of success

Ratio Decidendi

Leave to file out of time and the leave application were refused because the applicant filed out of time, offered no credible explanation that would outweigh the lack of merits, the Board's adverse credibility findings were rational and free of legal error or procedural unfairness, and the proposed judicial review had no realistic prospect of success.

Court Disposition

Leave to file the leave application out of time refused; Leave to apply for judicial review refused; Application for adjournment refused.

Orders

  • Extension of time to apply for leave refused
  • Leave to apply for judicial review refused