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

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

The court refused extension of time and dismissed the leave application because applicants were over 16 months late, had no exceptional circumstances, had no reasonable prospect of success on the merits as the Board lawfully determined the appeals in their absence after proper notice, internal relocation and lack of state involvement defeated torture/persecution/BOR claims, and the Director's decision was not reviewable once appeal to the Board was pursued.

Citation
[2020] HKCFI 72
Parties
1st Applicant: Ali Munsif; 2nd Applicant: Maroof Rukhsana; 3rd Applicant: Ali Narmeen Munsif; 4th Applicant: Ali Noor Ahmad; 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
3 January 2020
Case Number
HCAL1627/2018
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, Torture, Cruel Inhuman or Degrading Treatment, Persecution, Extension of Time, Leave to Apply for Judicial Review, Absence Hearing/default Determination, Internal Relocation, Jurisdiction of Board Vs Director, Appeal Procedure
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Procedural Law Non Refoulement Torture +8 more

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Parties

Ali Munsif

1st Applicant

Maroof Rukhsana

2nd Applicant

Ali Narmeen Munsif

3rd Applicant

Ali Noor Ahmad

4th 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 Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether time should be extended for the application for leave to apply for judicial review
  2. 2 Whether the Director's decision is amenable to judicial review after an appeal to the Board
  3. 3 Whether the Board lawfully determined the appeals in absence of the applicants

Ratio Decidendi

The court refused extension of time and dismissed the leave application because applicants were over 16 months late, had no exceptional circumstances, had no reasonable prospect of success on the merits as the Board lawfully determined the appeals in their absence after proper notice, internal relocation and lack of state involvement defeated torture/persecution/BOR claims, and the Director's decision was not reviewable once appeal to the Board was pursued.

Court Disposition

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

Orders

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