MARIA MICHAEL MKWERA v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

MARIA MICHAEL MKWERA v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Applicant's leave application was refused because she was more than five months out of time with no adequate explanation, the intended challenge had no real prospect of success as there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions, and available state...

Source-derived case information.

Citation
[2020] HKCFI 1676
Parties
Applicant: Maria Michael Mkwera; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2020
Case Number
HCAL493/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Considered on Documents and Dismissed; Extension of Time Refused
Outcome
Extension of time for the leave application refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Articles 2 and 3, Extension of Time for Judicial Review, Internal Relocation, Procedural Fairness
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk HKBOR Articles 2 and 3 Extension of Time for Judicial Review Internal Relocation +1 more

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Parties

Maria Michael Mkwera

Applicant

The Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Considered on Documents and Dismissed; Extension of Time Refused

Legal Issues

  1. 1 Whether to extend time for an out-of-time application for leave to apply for judicial review
  2. 2 Whether the applicant has an arguable/non-frivolous challenge to the Director's and Board's non-refoulement decisions (torture/BOR/persecution)
  3. 3 Whether state protection or internal relocation are available such that non-refoulement protection is unnecessary

Ratio Decidendi

Applicant's leave application was refused because she was more than five months out of time with no adequate explanation, the intended challenge had no real prospect of success as there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions, and available state protection/internal relocation made non-refoulement protection unnecessary; accordingly there was no good reason to extend time.

Court Disposition

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

Orders

  • Extension of time refused
  • Application for leave to apply for judicial review dismissed