NITA DWI CAHYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NITA DWI CAHYANI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The Board properly exercised its discretion by considering both the procedural failings and the merits; there was no error of law or procedure and the applicants had no reasonable prospect of success on the merits because their risk claims were unsubstantiated and state protection/internal relocation were viable; accordingly extension of time was refused and the leave application dismissed.

Citation
[2020] HKCFI 1394
Parties
1st Applicant: Nita Dwi Cahyani; 2nd Applicant: Prince Diamond Kanayo; 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
HCAL1925/2018
Procedural Posture
Judicial Review Leave Application / Application for Leave; Application for Extension of Time to Apply for Leave; Extension Refused and Leave Dismissed
Outcome
Extension of time for application for leave to apply for judicial review refused; application for leave dismissed.
Legal Topics
Non Refoulement, Torture Risk Under Immigration Law, Risk to Life (bor 2), Cruel, Inhuman or Degrading Treatment (bor 3), Extension of Time for Judicial Review/appeal, Procedural Fairness and Duty to Notify Change of Address
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Refugee Law Non Refoulement Torture Risk Under Immigration Law Risk to Life (bor 2) +3 more

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Parties

Nita Dwi Cahyani

1st Applicant

Prince Diamond Kanayo

2nd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in refusing to allow late filing of notice of appeal
  2. 2 Whether the Board failed to consider the merits when exercising discretion to extend time
  3. 3 Whether applicants established a real risk of persecution/torture on return to Indonesia based on conversion to Christianity and unmarried motherhood

Ratio Decidendi

The Board properly exercised its discretion by considering both the procedural failings and the merits; there was no error of law or procedure and the applicants had no reasonable prospect of success on the merits because their risk claims were unsubstantiated and state protection/internal relocation were viable; accordingly extension of time was refused and the leave application dismissed.

Court Disposition

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

Orders

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