MUBARAK ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

MUBARAK ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Applicant's delay of over six months in filing for leave was excessive and unexplained, and his intended challenge lacked any prospect of success because the Director and the Board made no legal error or procedural unfairness in finding low risk, reasonable internal relocation, and credibility problems; accordingly extension of time refused and leave to apply for judicial review dismissed.

Citation
[2019] HKCFI 784
Parties
Applicant: Mubarak Ali; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 2019
Case Number
HCAL836/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Extension of Time and Leave Refused; Decision on Notification Dated 12 July 2019
Outcome
Extension of time refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and Article 3 BOR, Refugee Convention Article 33, Judicial Review Procedure, Extension of Time, Credibility Findings, Internal Relocation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture and Article 3 BOR Refugee Convention Article 33 Judicial Review Procedure +3 more

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Parties

Mubarak Ali

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Application for Extension of Time and Leave Refused; Decision on Notification Dated 12 July 2019

Legal Issues

  1. 1 Whether there is good reason to extend time for filing leave application
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board made errors of law or procedural unfairness
  3. 3 Whether applicant faces real risk of torture or ill-treatment on return to Pakistan (BOR Article 3 risk)

Ratio Decidendi

Applicant's delay of over six months in filing for leave was excessive and unexplained, and his intended challenge lacked any prospect of success because the Director and the Board made no legal error or procedural unfairness in finding low risk, reasonable internal relocation, and credibility problems; accordingly extension of time refused and leave to apply for judicial review dismissed.

Court Disposition

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

Orders

  • Extension of time for the application for leave to apply for Judicial Review refused
  • Leave to apply for Judicial Review dismissed