YUSNA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

YUSNA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application was dismissed because the applicants were more than one year out of time without any good reason for delay and their intended challenge had no reasonably arguable merit: the Director and the Board had considered the evidence and COI properly, identified no legal error or procedural unfairness, and A2's lack of representation was an irregularity that caused no prejudice given the absence of arguable grounds.

Citation
[2021] HKCFI 1642
Parties
1st Applicant: Yusna; 2nd Applicant: Yusna Jennyfer Febrian Chelseani; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2021
Case Number
HCAL1444/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused and Dismissed; Extension of Time Refused
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Delay and Extension of Time, Judicial Review Leave, Minor Representation
Source Language
EN
Administrative Law Immigration Law Human Rights Constitutional Law Refugee and Asylum Law Non Refoulement Torture Article 3 HKBOR +3 more

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Parties

Yusna

1st Applicant

Yusna Jennyfer Febrian Chelseani

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time for an out-of-time application for leave for judicial review
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or acted unfairly in rejecting non-refoulement claims
  3. 3 Whether the minor applicant (A2) required separate legal representation and whether lack of such representation vitiated the decision

Ratio Decidendi

The application was dismissed because the applicants were more than one year out of time without any good reason for delay and their intended challenge had no reasonably arguable merit: the Director and the Board had considered the evidence and COI properly, identified no legal error or procedural unfairness, and A2's lack of representation was an irregularity that caused no prejudice given the absence of arguable grounds.

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 refused
  • Application for leave to apply for Judicial Review dismissed