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

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

Extension of time was refused and the leave application dismissed because the application was out of time with no explanation, the Board's findings were reliable and supported by evidence, there was no error of law or procedural unfairness, and the applicant had no reasonable prospect of success.

Source-derived case information.

Citation
[2020] HKCFI 1392
Parties
Applicant: Naresh Masih; 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
29 June 2020
Case Number
HCAL1558/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Refusal of Extension of Time and Dismissal of Application for Leave
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Persecution Under Refugee Convention, Right to Life (hkbor Article 2), Cruel Inhuman or Degrading Treatment (hkbor Article 3), Extension of Time, Judicial Review, Wednesbury Unreasonableness
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Persecution Under Refugee Convention Right to Life (hkbor Article 2) +4 more

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Parties

Naresh Masih

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 / Refusal of Extension of Time and Dismissal of Application for Leave

Legal Issues

  1. 1 Whether to extend time for applying for leave to apply for judicial review
  2. 2 Whether the applicant has a reasonable prospect of success on the merits
  3. 3 Whether the Board's decisions contained any error of law or procedural unfairness

Ratio Decidendi

Extension of time was refused and the leave application dismissed because the application was out of time with no explanation, the Board's findings were reliable and supported by evidence, there was no error of law or procedural unfairness, and the applicant had no reasonable prospect of success.

Court Disposition

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

Orders

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