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

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

The application for extension of time was refused because the applicant was substantially out of time and offered no reasonable explanation; the proposed judicial review had no realistic prospect of success because the Board correctly applied the law, its findings were within its fact-finding province, there was no error of law, procedural unfairness or irrationality, and the applicant failed to discharge the burden of proof for non-refoulement protection; accordingly leave to apply for judicial review was refused.

Citation
[2025] HKCFI 473
Parties
Applicant: Marma Ramraching; 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 January 2025
Case Number
HCAL2284/2024
Procedural Posture
Judicial Review (leave Application) / Application for Leave; Decision on Extension of Time and Refusal of Leave
Outcome
Extension of time refused; Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Unified Screening Mechanism, Extension of Time/delay, Standard of Review (wednesbury), State Protection, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Unified Screening Mechanism Extension of Time/delay Standard of Review (wednesbury) +2 more

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Parties

Marma Ramraching

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Application for Leave; Decision on Extension of Time and Refusal of Leave

Legal Issues

  1. 1 Whether extension of time should be granted under Order 53 r 4(1)
  2. 2 Whether the applicant provided a reasonable explanation for the delay
  3. 3 Whether the Board's decision contained error of law, procedural unfairness or irrationality warranting judicial review

Ratio Decidendi

The application for extension of time was refused because the applicant was substantially out of time and offered no reasonable explanation; the proposed judicial review had no realistic prospect of success because the Board correctly applied the law, its findings were within its fact-finding province, there was no error of law, procedural unfairness or irrationality, and the applicant failed to discharge the burden of proof for non-refoulement protection; accordingly leave to apply for judicial review was refused.

Court Disposition

Extension of time refused; Leave to apply for judicial review refused

Orders

  • Extension of time to apply for leave for judicial review refused
  • Leave to apply for judicial review refused