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

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

Extension of time to apply for leave was refused and the application dismissed because the applicant filed over two years late, the Board gave adequate reasons and made fact findings immune from judicial intervention in absence of error of law, procedural unfairness or irrationality, and the applicant had no realistic prospect of success.

Citation
[2022] HKCFI 1058
Parties
Applicant: Masih Jaspal; 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
14 April 2022
Case Number
HCAL199/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave; Decision on Extension of Time and Dismissal
Outcome
Extension of time for the application for judicial review refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Right to Life (bor Article 2), CIDTP (bor Article 3), Refugee Convention Article 33, Judicial Review, Delay and Extension of Time, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Right to Life (bor Article 2) CIDTP (bor Article 3) +4 more

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Parties

Masih Jaspal

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 / Application for Leave; Decision on Extension of Time and Dismissal

Legal Issues

  1. 1 Whether extension of time to apply for leave should be granted
  2. 2 Whether the Board's decision contained error of law, procedural unfairness or was Wednesbury unreasonable
  3. 3 Whether the applicant has a realistic prospect of success on judicial review

Ratio Decidendi

Extension of time to apply for leave was refused and the application dismissed because the applicant filed over two years late, the Board gave adequate reasons and made fact findings immune from judicial intervention in absence of error of law, procedural unfairness or irrationality, and the applicant had no realistic prospect of success.

Court Disposition

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

Orders

  • Extension of time for the application for Judicial Review refused.
  • Application for leave to apply for Judicial Review dismissed.