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

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

The application for extension of time was refused and leave dismissed because the short delay (about two weeks) did not justify extension in circumstances where the applicant had no realistic prospect of success: the Board's adverse credibility findings and factual conclusions (no evidence of intent to kill, availability of state protection and internal relocation, collateral settling the debt) were within the Board's fact-finding province and not reviewable as errors of law or procedural unfairness.

Citation
[2023] HKCFI 2010
Parties
Applicant: Mariana; 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
15 August 2023
Case Number
HCAL354/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (considered on Papers); Extension of Time Refused; Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Judicial Review, Delay/extension of Time, Credibility Assessment, Internal Relocation, State Protection
Source Language
EN
Administrative Law Immigration Law Constitutional Law Non Refoulement Torture Risk Judicial Review Delay/extension of Time Credibility Assessment +2 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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mariana

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 / Leave Application (considered on Papers); Extension of Time Refused; Leave Dismissed

Legal Issues

  1. 1 Whether an extension of time to apply for leave to apply for judicial review should be granted
  2. 2 Whether the Board committed error of law, procedural unfairness or irrationality in rejecting the applicant's non-refoulement/torture/persecution claim
  3. 3 Whether the applicant has a realistic prospect of success on judicial review

Ratio Decidendi

The application for extension of time was refused and leave dismissed because the short delay (about two weeks) did not justify extension in circumstances where the applicant had no realistic prospect of success: the Board's adverse credibility findings and factual conclusions (no evidence of intent to kill, availability of state protection and internal relocation, collateral settling the debt) were within the Board's fact-finding province and not reviewable as errors of law or procedural unfairness.

Court Disposition

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

Orders

  • The extension of time for the application for judicial review is refused
  • The application for leave to apply for judicial review is dismissed