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

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

Leave to apply for judicial review was refused because the application was out of time and the applicant failed to demonstrate good reason to extend time; on the merits there was no arguable ground of error of law, procedural unfairness or irrationality in the Board's Decision which reasonably found low risk, availability of state protection and internal relocation, such that there was no realistic prospect of success.

Citation
[2021] HKCFI 733
Parties
Applicant: Md Delwar; 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
25 March 2021
Case Number
HCAL1308/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application — Decision on Leave (refused)
Outcome
Application dismissed; leave to apply for judicial review refused; time not extended
Legal Topics
Non Refoulement, Torture and CIDTP, Article 2 BOR (right to Life), Article 3 BOR (prohibition of Torture and Cidtp), State Protection, Internal Relocation, Judicial Review, Delay and Extension of Time, Wednesbury Unreasonableness
Source Language
EN
Constitutional and Administrative Law Immigration Law Refugee and Asylum Law Human Rights Law Non Refoulement Torture and CIDTP Article 2 BOR (right to Life) Article 3 BOR (prohibition of Torture and Cidtp) +5 more

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Parties

Md Delwar

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 — Decision on Leave (refused)

Legal Issues

  1. 1 Whether the out‑of‑time application should be extended
  2. 2 Whether there were errors of law or procedural unfairness in the Board's Decision
  3. 3 Whether the Board's factual and COI assessments were irrational or Wednesbury unreasonable

Ratio Decidendi

Leave to apply for judicial review was refused because the application was out of time and the applicant failed to demonstrate good reason to extend time; on the merits there was no arguable ground of error of law, procedural unfairness or irrationality in the Board's Decision which reasonably found low risk, availability of state protection and internal relocation, such that there was no realistic prospect of success.

Court Disposition

Application dismissed; leave to apply for judicial review refused; time not extended

Orders

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