NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD

NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD

The court refused to extend time and dismissed the application for leave on grounds of undue and inexplicable delay and lack of utility given the applicant had registered with the USM; accordingly it was unnecessary and potentially detrimental to administration to remit the matter to the TCAB, and the court dismissed the application without considering the merits.

Citation
NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD
Parties
Applicant: NK; Respondent (deputy Chairperson, Torture Claims Appeal Board): Lam Kui-Po William; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2016
Case Number
HCAL18/2016
Procedural Posture
Judicial Review (application for Leave) / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Application for leave dismissed; extension of time refused
Legal Topics
Non Refoulement, Convention Against Torture (cat) Article 3, Hong Kong Bill of Rights Article 3, State Protection and Acquiescence, Internal Flight/relocation, Procedural Fairness and Oral Hearing, Delay and Extension of Time, Judicial Review Leave and Wednesbury Unreasonableness, Apparent Bias, Legal Aid and Representation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Convention Against Torture (cat) Article 3 Hong Kong Bill of Rights Article 3 State Protection and Acquiescence +6 more

Case Brief

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Parties

NK

Applicant

Lam Kui-Po William

Respondent (deputy Chairperson, Torture Claims Appeal Board)

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (application for Leave) / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether the application for leave was out of time and whether time should be extended under O 53 r 4
  2. 2 Whether the application has sufficient utility given applicant's registration with the Unified Screening Mechanism (USM)
  3. 3 Whether the TCAB determination misdirected the law by requiring past torture as prerequisite to future risk

Ratio Decidendi

The court refused to extend time and dismissed the application for leave on grounds of undue and inexplicable delay and lack of utility given the applicant had registered with the USM; accordingly it was unnecessary and potentially detrimental to administration to remit the matter to the TCAB, and the court dismissed the application without considering the merits.

Court Disposition

Application for leave dismissed; extension of time refused

Orders

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