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

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

The applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's decision and therefore had no reasonable prospect of success; accordingly extension of time to apply for leave was refused and the application for leave was dismissed.

Citation
[2020] HKCFI 1875
Parties
Applicant: Kustanti; 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
7 August 2020
Case Number
HCAL1861/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (application for Extension of Time and Leave)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Persecution, Judicial Review, Extension of Time
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Persecution Judicial Review +1 more

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Parties

Kustanti

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 / Leave Application (application for Extension of Time and Leave)

Legal Issues

  1. 1 Whether time for applying for leave should be extended
  2. 2 Whether the applicant has a reasonable prospect of success on judicial review
  3. 3 Whether the Board erred in law, committed procedural unfairness or reached an irrational (Wednesbury) decision

Ratio Decidendi

The applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's decision and therefore had no reasonable prospect of success; accordingly extension of time to apply for leave was refused and the application for leave was dismissed.

Court Disposition

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

Orders

  • Extension of time for application for leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed