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

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

The Board lawfully applied section 37ZT and rationally concluded the applicant did not provide sufficient evidence of circumstances beyond his control to justify late filing; there was no error of law or procedural unfairness and no realistic prospect of success on the proposed judicial review, therefore leave to apply for judicial review was refused.

Citation
[2023] HKCFI 62
Parties
Applicant: Le De An; 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
3 January 2023
Case Number
HCAL993/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (consideration on Papers)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture/cidtp), Refugee Convention Article 33, Leave to Apply for Judicial Review, Delay and Late Filing Under Section 37 ZT, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (prohibition of Torture/cidtp) +5 more

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Parties

Le De An

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 Leave Application (consideration on Papers)

Legal Issues

  1. 1 Whether the Board lawfully refused to allow late filing of the notice of appeal under section 37ZT of the Immigration Ordinance
  2. 2 Whether the Board committed errors of law, procedural unfairness or irrationality in refusing the appeal
  3. 3 Whether the applicant demonstrated a realistic prospect of success on substantive non-refoulement/torture claims

Ratio Decidendi

The Board lawfully applied section 37ZT and rationally concluded the applicant did not provide sufficient evidence of circumstances beyond his control to justify late filing; there was no error of law or procedural unfairness and no realistic prospect of success on the proposed judicial review, therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for Judicial Review refused.
  • Application dismissed.