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

NASEER MUHAMMAD 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 application was made out of time without explanation, the delay was unjustified, and the intended grounds had no prospect of success since the Board's findings on credibility, availability of state protection and internal relocation were reasonable and free of legal error, irrationality or procedural unfairness.

Citation
[2020] HKCFI 2299
Parties
Applicant: Naseer Muhammad; 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
14 September 2020
Case Number
HCAL451/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Refoulement, Judicial Review, Extension of Time, State Protection, Credibility Assessment, Internal Relocation
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Non Refoulement Refoulement Judicial Review Extension of Time State Protection +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Naseer Muhammad

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 / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to grant extension of time under Order 53 r 4(1)
  2. 2 Whether the Board erred in law or acted irrationally in rejecting the non-refoulement claim
  3. 3 Standard of judicial review in non-refoulement appeals

Ratio Decidendi

Extension of time was refused and the application for leave dismissed because the application was made out of time without explanation, the delay was unjustified, and the intended grounds had no prospect of success since the Board's findings on credibility, availability of state protection and internal relocation were reasonable and free of legal error, irrationality or procedural unfairness.

Court Disposition

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

Orders

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