LEUNG, PLOYNARA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

LEUNG, PLOYNARA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The application for extension of time for leave to apply for judicial review is refused because it was brought significantly late without explanation, the applicant failed to raise any arguable ground showing the Board's decision was legally flawed or irrational, and the Board's findings that threats were infrequent, state protection was available and internal relocation viable were within the Board's fact-finding province; consequently there was no realistic prospect of success and no basis to extend time.

Citation
[2024] HKCFI 2272
Parties
Applicant: Leung, Ploynara; 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
13 September 2024
Case Number
HCAL853/2024
Procedural Posture
Judicial Review (non Refoulement/torture/persecution) / Application for Leave to Apply for Judicial Review (extension of Time) — Refused
Outcome
Application for extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Article 2 Right to Life, Extension of Time for Judicial Review, State Protection, Internal Relocation, Standard of Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/cidtp Article 2 Right to Life Extension of Time for Judicial Review +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Leung, Ploynara

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement/torture/persecution) / Application for Leave to Apply for Judicial Review (extension of Time) — Refused

Legal Issues

  1. 1 Whether to extend time for applying for leave for judicial review
  2. 2 Whether the Board erred in law or was irrational in finding no real risk of torture/CIDTP/violation of right to life or persecution
  3. 3 Whether state protection and internal relocation are viable

Ratio Decidendi

The application for extension of time for leave to apply for judicial review is refused because it was brought significantly late without explanation, the applicant failed to raise any arguable ground showing the Board's decision was legally flawed or irrational, and the Board's findings that threats were infrequent, state protection was available and internal relocation viable were within the Board's fact-finding province; consequently there was no realistic prospect of success and no basis to extend time.

Court Disposition

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

Orders

  • Refuse extension of time for the applicant to apply for leave to apply for judicial review of the Board's Decision
  • Dismiss the applicant's application