MONIR HOSSAIN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

MONIR HOSSAIN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

The court refused to extend time and dismissed the leave application because the applicant’s delay of over seven months was excessive and not sufficiently explained, the proposed grounds were vague and lacked reasonably arguable merit, and there was no identifiable legal error or procedural unfairness in the Director’s and Board’s decisions (including adverse credibility findings and the availability of internal relocation).

Citation
[2020] HKCFI 446
Parties
Applicant: Monir Hossain; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-Refoulement Claims Petition Office appointed to determine the Applicant’s Petition
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 2020
Case Number
HCAL1221/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage (application for Extension of Time and Leave Refused)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Article 2 HKBOR, Internal Relocation, Credibility Assessment, Extension of Time, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Article 3 HKBOR Article 2 HKBOR +4 more

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Parties

Monir Hossain

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-Refoulement Claims Petition Office appointed to determine the Applicant’s Petition

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage (application for Extension of Time and Leave Refused)

Legal Issues

  1. 1 Whether to extend time for filing leave application
  2. 2 Whether Director and Torture Claims Appeal Board erred in assessment of non-refoulement/torture and persecution risks
  3. 3 Whether state acquiescence and police collusion were properly considered

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the applicant’s delay of over seven months was excessive and not sufficiently explained, the proposed grounds were vague and lacked reasonably arguable merit, and there was no identifiable legal error or procedural unfairness in the Director’s and Board’s decisions (including adverse credibility findings and the availability of internal relocation).

Court Disposition

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

Orders

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