KHAN AMJAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

KHAN AMJAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

The Applicant failed to provide a satisfactory or documented explanation for a seven-week late filing; the Board's refusal of the late appeal was not Wednesbury unreasonable; the Director's findings on risk, state protection and internal relocation were rational and procedurally fair on rigorous scrutiny; the...

Source-derived case information.

Citation
[2018] HKCFI 1892
Parties
Applicant: Khan Amjad; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 2018
Case Number
HCAL1093/2017
Procedural Posture
Application for Leave to Apply for Judicial Review Non Refoulement Screening Decisions / Decision on Leave Application (leave Refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Convention (cat), Bill of Rights (bor), Leave to Apply for Judicial Review, Procedural Fairness, Late Filing of Appeal, State Protection, Internal Relocation
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Convention (cat) Bill of Rights (bor) +5 more

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Parties

Khan Amjad

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review Non Refoulement Screening Decisions / Decision on Leave Application (leave Refused)

Legal Issues

  1. 1 Whether the Applicant had good reason for late filing of appeal to the Board
  2. 2 Whether the Board erred in refusing the late appeal
  3. 3 Whether the Director's decisions on non-refoulement (torture, persecution, CIDTP, life risk) were unlawful, irrational or procedurally unfair

Ratio Decidendi

The Applicant failed to provide a satisfactory or documented explanation for a seven-week late filing; the Board's refusal of the late appeal was not Wednesbury unreasonable; the Director's findings on risk, state protection and internal relocation were rational and procedurally fair on rigorous scrutiny; the Applicant had no realistic prospect of success and leave was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused