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

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

The application for extension of time was refused and the application for leave dismissed because the applicant filed more than two months late, failed to show good reason for the delay or a realistic prospect of success, and the Board's findings (personal monetary dispute, lack of reliable evidence, viability of...

Source-derived case information.

Citation
[2026] HKCFI 437
Parties
Applicant: Mirawati; 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
23 January 2026
Case Number
HCAL1260/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application and Application for Extension of Time (extension Refused)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP (article 3), Right to Life (article 2), Extension of Time for Judicial Review, Judicial Review Leave, Internal Relocation, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP (article 3) Right to Life (article 2) +4 more

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Parties

Mirawati

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 and Application for Extension of Time (extension Refused)

Legal Issues

  1. 1 Whether the court should extend time for filing the leave application
  2. 2 Whether the Board's factual findings were legally flawed, irrational or procedurally unfair
  3. 3 Whether the applicant faced a real risk of torture, CIDTP or violation of right to life if returned

Ratio Decidendi

The application for extension of time was refused and the application for leave dismissed because the applicant filed more than two months late, failed to show good reason for the delay or a realistic prospect of success, and the Board's findings (personal monetary dispute, lack of reliable evidence, viability of internal relocation) were not shown to be vitiated by error of law, irrationality or procedural unfairness.

Court Disposition

Extension of time 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