LATIF MOHAMMAD ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LATIF MOHAMMAD ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant filed the leave application some seven months out of time without any explanation and the intended grounds were vague, unparticularised and lacked arguable merit given the Board's express adverse credibility findings and proper consideration of...

Source-derived case information.

Citation
[2018] HKCFI 1315
Parties
Applicant: Latif Mohammad Abdul; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2018
Case Number
HCAL1003/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Extension of Time/delay, Procedural Fairness, Country of Origin Information, State Protection, Internal Relocation
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Credibility Findings Extension of Time/delay +4 more

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Parties

Latif Mohammad Abdul

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave should be granted despite seven months' delay without explanation
  2. 2 Whether the intended judicial review claim disclosed an arguable case given the Board's adverse credibility findings
  3. 3 Whether the Board improperly considered or failed to consider Country of Origin Information

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant filed the leave application some seven months out of time without any explanation and the intended grounds were vague, unparticularised and lacked arguable merit given the Board's express adverse credibility findings and proper consideration of COI, state protection and internal relocation; accordingly there was no good reason to extend time and no prospect of success.

Court Disposition

Leave to apply for judicial review dismissed

Orders

  • Leave application dismissed; no extension of time granted