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

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

Extension of time was refused and the application for leave dismissed because the 12‑day delay was unexplained and the proposed grounds were bare assertions lacking supporting evidence or realistic prospects of success in light of the Board's findings that there was no real risk of killing, state protection was available and internal relocation and institutional assistance were viable, and the applicant had not raised psychological harm before the Board.

Citation
[2025] HKCFI 5409
Parties
Applicant: Mustaufiyah; 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
24 November 2025
Case Number
HCAL128/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application; Extension of Time Considered and Refused; Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Extension of Time, Judicial Review, Procedural Fairness, Internal Relocation, State Protection
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture and CIDTP Extension of Time Judicial Review +3 more

Case Brief

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Parties

Mustaufiyah

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 / Leave Application; Extension of Time Considered and Refused; Application Dismissed

Legal Issues

  1. 1 Whether extension of time should be granted for late filing
  2. 2 Whether the Board erred in law or committed procedural impropriety in its decision
  3. 3 Whether applicant faces real risk of torture, CIDTP or violation of right to life on return

Ratio Decidendi

Extension of time was refused and the application for leave dismissed because the 12‑day delay was unexplained and the proposed grounds were bare assertions lacking supporting evidence or realistic prospects of success in light of the Board's findings that there was no real risk of killing, state protection was available and internal relocation and institutional assistance were viable, and the applicant had not raised psychological harm before the Board.

Court Disposition

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

Orders

  • The extension of time for the application for Judicial Review is refused.
  • The application for leave to apply for Judicial Review is dismissed.