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

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

Application was out of time by more than eleven months and the applicant failed to demonstrate any reasonable prospect of success or any arguable error of law by the Board; credibility and evidential assessments are for the Director and the Board and the court will not usurp those functions; accordingly extension of time was refused and the leave application dismissed.

Citation
[2020] HKCFI 780
Parties
Applicant: Mohsin Mohammed; 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
13 May 2020
Case Number
HCAL1782/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Extension of Time Refused; Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Procedural Fairness, Credibility Findings, State Protection, Internal Relocation, Evaluation of Evidence, Torture Risk, Non Refoulement Claim
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Asylum Non Refoulement Extension of Time Leave to Apply for Judicial Review +7 more

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Parties

Mohsin Mohammed

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 / Extension of Time Refused; Application Dismissed

Legal Issues

  1. 1 Whether to grant extension of time to apply for leave to apply for judicial review
  2. 2 Whether the applicant has reasonable prospects of success on intended judicial review
  3. 3 Whether the Board's credibility findings and evaluation of evidence can be re-opened by the court on merits

Ratio Decidendi

Application was out of time by more than eleven months and the applicant failed to demonstrate any reasonable prospect of success or any arguable error of law by the Board; credibility and evidential assessments are for the Director and the Board and the court will not usurp those functions; accordingly extension of time was refused and the leave application dismissed.

Court Disposition

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

Orders

  • Extension of time for application for leave to apply for judicial review of the Board's decision dated 1 June 2017 is refused.
  • Application for leave to apply for judicial review is dismissed.