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

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

Application refused because it was brought out of time without satisfactory explanation and had no realistic prospect of success: applicant repeatedly failed to comply with statutory duty to return the torture claim form and provided no evidence that inability to comply was due to circumstances beyond his control; Director and Board followed statutory procedure and afforded procedural fairness, and their decisions were not unlawful or irrational.

Citation
[2020] HKCFI 2475
Parties
Applicant: Muhammad Naeem; 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
8 October 2020
Case Number
HCAL937/2018
Procedural Posture
Judicial Review — Application for Leave / Leave Application Considered on Papers; Extension of Time Refused and Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Extension of Time, Re Opening Withdrawn Claims, Procedural Fairness, Standard of Judicial Review (wednesbury/anxious Scrutiny)
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement/torture Claims Extension of Time Re Opening Withdrawn Claims Procedural Fairness Standard of Judicial Review (wednesbury/anxious Scrutiny)

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Parties

Muhammad Naeem

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review — Application for Leave / Leave Application Considered on Papers; Extension of Time Refused and Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for bringing judicial review
  2. 2 Whether the Director lawfully refused to re-open a withdrawn non-refoulement/torture claim
  3. 3 Whether the Board acted unfairly in determining the appeal without a hearing

Ratio Decidendi

Application refused because it was brought out of time without satisfactory explanation and had no realistic prospect of success: applicant repeatedly failed to comply with statutory duty to return the torture claim form and provided no evidence that inability to comply was due to circumstances beyond his control; Director and Board followed statutory procedure and afforded procedural fairness, and their decisions were not unlawful or irrational.

Court Disposition

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

Orders

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