LOURENCO DA SILVA v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

LOURENCO DA SILVA v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The Board lawfully exercised its limited statutory discretion under s37ZT to refuse late filing because the applicant did not produce clear or sufficient documentary evidence of special circumstances (ill‑health) preventing timely filing; the Director’s decision was superseded by the appeal to the Board and thus not...

Source-derived case information.

Citation
[2019] HKCFI 451
Parties
Applicant: Lourenco Da Silva; 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
17 May 2019
Case Number
HCAL569/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and Extension of Time
Outcome
Extension of time for filing the application for leave granted; leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Leave to Apply for Judicial Review, Extension of Time, Late Filing, Standard of Review, Internal Relocation, Screening Process
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Claim Leave to Apply for Judicial Review Extension of Time +4 more

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Parties

Lourenco Da Silva

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 and Extension of Time

Legal Issues

  1. 1 Whether the Board correctly disallowed late filing of the Notice of Appeal under s37ZT of the Immigration Ordinance
  2. 2 Whether the Director’s decision remained amenable to judicial review after an appeal to the Board
  3. 3 Whether there were special circumstances to justify late filing (ill-health and lost documents)

Ratio Decidendi

The Board lawfully exercised its limited statutory discretion under s37ZT to refuse late filing because the applicant did not produce clear or sufficient documentary evidence of special circumstances (ill‑health) preventing timely filing; the Director’s decision was superseded by the appeal to the Board and thus not open to judicial review; the applicant showed no arguable legal error or procedural unfairness in the Board’s decision, so leave to apply for judicial review was refused (time for Form 86 extended but leave denied).

Court Disposition

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

Orders

  • An extension of time for the application for leave to apply for Judicial Review against the decision of the Torture Claims Appeal Board dated 29 December 2017 is granted.
  • Leave to apply for Judicial Review is refused.