LE THI HA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LE THI HA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Refusal to extend time and refusal of leave were justified because the applicant's seven‑month delay was inordinate and unexplained, and the intended grounds lacked sufficient particulars or arguable merits; there was no identified legal error, procedural unfairness or irrationality in the Director's and Board's...

Source-derived case information.

Citation
[2024] HKCFI 2464
Parties
Applicant: Le Thi Ha; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2024
Case Number
HCAL1270/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision Refusing Extension of Time and Refusing Leave
Outcome
Extension of time refused; leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Judicial Review, Extension of Time, Withdrawal of Appeal, Country of Origin Information, Wednesbury Unreasonableness, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Judicial Review Extension of Time +4 more

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Parties

Le Thi Ha

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision Refusing Extension of Time and Refusing Leave

Legal Issues

  1. 1 Whether to extend time for a late application for leave to apply for judicial review
  2. 2 Whether the intended judicial review has arguable merits
  3. 3 Effect of applicant's withdrawal of appeal on limitation period

Ratio Decidendi

Refusal to extend time and refusal of leave were justified because the applicant's seven‑month delay was inordinate and unexplained, and the intended grounds lacked sufficient particulars or arguable merits; there was no identified legal error, procedural unfairness or irrationality in the Director's and Board's decisions, including the finding of localized risk and availability of internal relocation.

Court Disposition

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

Orders

  • Extension of time for the application for leave to apply for Judicial Review of the decision of Torture Claims Appeal Board dated 17 January 2022 be refused
  • The application for leave to apply for Judicial Review be dismissed