PEPITO JENETH TANURA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

PEPITO JENETH TANURA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

The application was refused because it was filed more than two months out of time without adequate explanation and the proposed grounds lacked a realistic prospect of success: the Director and the Board lawfully found the risk to be localized, state protection and internal relocation were available, there was no procedural unfairness in respect of representation or translation, and no error of law was demonstrated; accordingly there was no good reason to extend time and leave was dismissed.

Citation
[2018] HKCFI 1968
Parties
1st Applicant: Pepito Jeneth Tanura; 2nd Applicant: Ahmed Zainab Iftikhar; 3rd Applicant: Ahmed Ayesha Iftikhar; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2018
Case Number
HCAL1027/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application; Application for Extension of Time Refused; Leave Dismissed
Outcome
Extension of time for filing the application for leave to apply for judicial review refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, BOR Article 3, BOR Article 2, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Legal Representation, Translation and Language Assistance, Internal Relocation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Risk BOR Article 3 +7 more

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Parties

Pepito Jeneth Tanura

1st Applicant

Ahmed Zainab Iftikhar

2nd Applicant

Ahmed Ayesha Iftikhar

3rd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application; Application for Extension of Time Refused; Leave Dismissed

Legal Issues

  1. 1 Whether the court should extend time for filing the application for leave to apply for judicial review
  2. 2 Whether the applicant has an arguable/prospective ground of judicial review against the Director and the Board
  3. 3 Whether lack of legal representation at the appeal stage infringed fairness such as to justify relief

Ratio Decidendi

The application was refused because it was filed more than two months out of time without adequate explanation and the proposed grounds lacked a realistic prospect of success: the Director and the Board lawfully found the risk to be localized, state protection and internal relocation were available, there was no procedural unfairness in respect of representation or translation, and no error of law was demonstrated; accordingly there was no good reason to extend time and leave was dismissed.

Court Disposition

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

Orders

  • An extension of time for the application for leave to apply for judicial review is refused.
  • Leave to apply for judicial review is dismissed.