MD ABU HENA v. THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

MD ABU HENA v. THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

The leave application was refused and time not extended because the applicant was over one year late with no satisfactory explanation for delay, the intended challenge lacked any identifiable arguable error of law or procedural unfairness in the Director's and Board's decisions, and the Board's risk assessment (including availability of state protection and internal relocation) was sustainable and not susceptible to judicial review absent legal error.

Citation
[2020] HKCFI 1896
Parties
Applicant: Md Abu Hena; Putative Respondent: The Petition Teams (Security Bureau); Putative Interested Party: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 August 2020
Case Number
HCAL598/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused; Extension of Time Refused; Application Dismissed at Leave Stage
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, Procedural Fairness
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Leave to Apply for Judicial Review Extension of Time +2 more

Case Brief

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Parties

Md Abu Hena

Applicant

The Petition Teams (Security Bureau)

Putative Respondent

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Refused; Extension of Time Refused; Application Dismissed at Leave Stage

Legal Issues

  1. 1 Whether the court should extend time for bringing the leave application under Order 53 r4(1)
  2. 2 Whether the intended judicial review has any arguable merit or raises errors of law or procedural unfairness
  3. 3 Whether threats amount to persecution or torture for non-refoulement purposes

Ratio Decidendi

The leave application was refused and time not extended because the applicant was over one year late with no satisfactory explanation for delay, the intended challenge lacked any identifiable arguable error of law or procedural unfairness in the Director's and Board's decisions, and the Board's risk assessment (including availability of state protection and internal relocation) was sustainable and not susceptible to judicial review absent legal error.

Court Disposition

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

Orders

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