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

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

Leave was refused because the Director's decision is not amenable to judicial review after the Board's appeal was pursued, the applicant's leave application was out of time with no application for extension, and there was no reasonable prospect of success because the Board's adverse credibility findings fatally undermined the factual basis of the claim.

Citation
[2019] HKCFI 2212
Parties
Applicant: Lama Rina; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 September 2019
Case Number
HCAL1830/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave Refused and Dismissed Under Order 53 R.3
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Judicial Review, Extension of Time, Credibility Findings, Right to Life (hkbor Article 2), Prohibition of Refoulement (refugee Convention Article 33)
Source Language
EN
Immigration Law Constitutional and Administrative Law Refugee Law Human Rights Law Non Refoulement Torture and CIDTP Judicial Review Extension of Time +3 more

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Parties

Lama Rina

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Application for Leave Refused and Dismissed Under Order 53 R.3

Legal Issues

  1. 1 Whether the Director of Immigration's decision is amenable to judicial review after an appeal to the Torture Claims Appeal Board
  2. 2 Whether the applicant's out of time application for leave should be extended
  3. 3 Whether the Board's adverse credibility findings preclude a real prospect of success in judicial review

Ratio Decidendi

Leave was refused because the Director's decision is not amenable to judicial review after the Board's appeal was pursued, the applicant's leave application was out of time with no application for extension, and there was no reasonable prospect of success because the Board's adverse credibility findings fatally undermined the factual basis of the claim.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • The application for leave to apply for judicial review is refused and the application is dismissed
  • If the applicant intends to appeal against the order refusing to extend the period she must first apply to this court within 14 days by way of summons for leave to appeal