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

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

The application was refused because it was filed out of time without satisfactory explanation and the intended challenge lacked any realistic prospect of success: the Board accepted the applicant's primary facts, reasonably assessed risk, state protection and internal relocation, made no error of law or procedural unfairness and its findings were not irrational; consequently no extension of time or leave to apply for judicial review was granted.

Citation
[2020] HKCFI 2389
Parties
Applicant: Le Thi Loan; 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
28 September 2020
Case Number
HCAL928/2018
Procedural Posture
Judicial Review Leave Application / Leave Application (refused)
Outcome
Extension of time for the application for leave to apply for judicial review refused; application for leave dismissed.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time, Credibility Assessment, State Protection, Internal Relocation, Procedural Fairness, Standard of Review
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Public Law Non Refoulement Leave to Apply for Judicial Review Extension of Time Credibility Assessment +4 more

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Parties

Le Thi Loan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application (refused)

Legal Issues

  1. 1 Whether extension of time should be granted for the leave application
  2. 2 Whether leave to apply for judicial review should be granted
  3. 3 Whether the Board's decision contained errors of law, procedural unfairness or irrationality

Ratio Decidendi

The application was refused because it was filed out of time without satisfactory explanation and the intended challenge lacked any realistic prospect of success: the Board accepted the applicant's primary facts, reasonably assessed risk, state protection and internal relocation, made no error of law or procedural unfairness and its findings were not irrational; consequently no extension of time or leave to apply for judicial review was granted.

Court Disposition

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

Orders

  • Extension of time for the application for leave to apply for Judicial Review be refused
  • Application for leave to apply for Judicial Review be dismissed