KHAN MUHAMMAD ARSHAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

KHAN MUHAMMAD ARSHAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

The applicant's delay of over ten months was substantial and unsupported by credible explanation or evidence; his proposed grounds were vague and without reasonably arguable merit; there was no demonstrable legal error or procedural unfairness in the Director's or the Board's findings that the risk was localized and internal relocation was available; accordingly there is no good reason to extend time and leave is refused.

Citation
[2019] HKCFI 2376
Parties
Applicant: Khan Muhammad Arshad; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2019
Case Number
HCAL998/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave; Extension of Time Refused; Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR Leave to Apply for Judicial Review +3 more

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Parties

Khan Muhammad Arshad

Applicant

Torture Claims Appeal Board

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave; Extension of Time Refused; Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for filing application for leave to apply for judicial review
  2. 2 Whether the applicant's proposed grounds disclosed an arguable error of law or procedural unfairness
  3. 3 Whether state protection/internal relocation in Pakistan was reasonably available

Ratio Decidendi

The applicant's delay of over ten months was substantial and unsupported by credible explanation or evidence; his proposed grounds were vague and without reasonably arguable merit; there was no demonstrable legal error or procedural unfairness in the Director's or the Board's findings that the risk was localized and internal relocation was available; accordingly there is no good reason to extend time and leave is refused.

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
  • The application for leave to apply for Judicial Review dismissed