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

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

Extension of time was refused because the delay (about 1 year 5 months) was excessive, the applicant's explanations were not acceptable or attributable to others, and there was no realistic prospect of success on the proposed judicial review; accordingly the application for leave was dismissed.

Citation
[2025] HKCFI 5885
Parties
Applicant: Kumar Vinod; 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
23 December 2025
Case Number
HCAL2309/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave (extension of Time Refused and Leave Dismissed)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Extension of Time, Procedural Fairness, State Protection, Internal Relocation, Risk of Torture, Delay, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Non Refoulement Asylum Judicial Review Extension of Time Procedural Fairness State Protection +4 more

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Parties

Kumar Vinod

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 / Decision on Application for Leave (extension of Time Refused and Leave Dismissed)

Legal Issues

  1. 1 Whether to extend time for the late application for leave to apply for judicial review
  2. 2 Whether the Board's decision was procedurally unfair for failing to give the applicant a sufficient chance to explain his case
  3. 3 Whether the Board's findings on state protection and internal relocation were irrational or unsupported by evidence

Ratio Decidendi

Extension of time was refused because the delay (about 1 year 5 months) was excessive, the applicant's explanations were not acceptable or attributable to others, and there was no realistic prospect of success on the proposed judicial review; accordingly the application for leave was dismissed.

Court Disposition

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

Orders

  • The extension of time for the application for Judicial Review is refused.
  • The application for leave to apply for Judicial Review is dismissed.