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

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

Leave refused because the applicant failed to demonstrate any reasonably arguable error of law, unreasonableness or procedural unfairness in the Adjudicator's handling (including late filing); the unexplained delay in appealing was properly assessed and the TCAB rehearing precluded review of the Director's decision, so there was no realistic prospect of success.

Citation
[2018] HKCFI 1837
Parties
Applicant: Mehmood Ikhlas; 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
12 November 2018
Case Number
HCAL1104/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (hcal 1104/2017) / Leave Application Considered on the Papers and Refused by the Honourable Mrs Justice Campbell Moffat on 12 November 2018
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Delay/late Filing, Standard of Proof in Protection Claims, Internal Relocation, Credibility Assessment, State Acquiescence, Unified Screening Mechanism, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Leave to Apply for Judicial Review Delay/late Filing +6 more

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Parties

Mehmood Ikhlas

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 (hcal 1104/2017) / Leave Application Considered on the Papers and Refused by the Honourable Mrs Justice Campbell Moffat on 12 November 2018

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Adjudicator erred in refusing extension of time for appeal
  3. 3 Whether the Director and/or Adjudicator failed to investigate or weigh relevant COI and evidence

Ratio Decidendi

Leave refused because the applicant failed to demonstrate any reasonably arguable error of law, unreasonableness or procedural unfairness in the Adjudicator's handling (including late filing); the unexplained delay in appealing was properly assessed and the TCAB rehearing precluded review of the Director's decision, so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused (dated 12 November 2018).