MUHAMMAD SHEHBAZ v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

MUHAMMAD SHEHBAZ v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the application was unduly delayed (more than seven months beyond the statutory three-month period) without good reason and the substantive complaints lacked reasonable prospects of success; the Director's and the Board's decisions were lawful, reasonable and procedurally fair.

Citation
[2018] HKCFI 1412
Parties
Applicant: Muhammad Shehbaz; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2018
Case Number
HCAL750/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application
Outcome
Leave refused
Legal Topics
Non Refoulement, Torture and CAT, Delay and Extension of Time, Procedural Fairness, State Protection and Acquiescence, Internal Relocation, Judicial Review Leave
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CAT Delay and Extension of Time +4 more

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Parties

Muhammad Shehbaz

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the application for leave was out of time and whether time should be extended
  2. 2 Whether the Director and the Board breached procedural fairness in assessing non-refoulement risk
  3. 3 Whether the Applicant established risk of torture, persecution, CIDTP or life violation on return to Pakistan

Ratio Decidendi

Leave to apply for judicial review was refused because the application was unduly delayed (more than seven months beyond the statutory three-month period) without good reason and the substantive complaints lacked reasonable prospects of success; the Director's and the Board's decisions were lawful, reasonable and procedurally fair.

Court Disposition

Leave refused

Orders

  • Leave to apply for judicial review refused (dated 28 June 2018)