CUCUN-FATIMAH SAINNA, a minor by her mother and next friend Cucun Fatimah v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

CUCUN-FATIMAH SAINNA, a minor by her mother and next friend Cucun Fatimah v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the application was filed almost six months late with no satisfactory explanation, the intended challenge disclosed no reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, and the adverse findings as to lack of reliable evidence of...

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Citation
[2021] HKCFI 3642
Parties
Applicant (a Minor by Her Mother and Next Friend Cucun Fatimah): Cucun-Fatimah Sainna; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2021
Case Number
HCAL1713/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture and Inhuman Treatment), Persecution (1951 Refugee Convention Article 33), Leave to Apply for Judicial Review, Delay and Extension of Time, Judicial Review Standard of Review
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (immigration Ordinance Part Viic) HKBOR Article 2 (right to Life) +5 more

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Parties

Cucun-Fatimah Sainna

Applicant (a Minor by Her Mother and Next Friend Cucun Fatimah)

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)

Legal Issues

  1. 1 Whether the leave application was made promptly or time should be extended
  2. 2 Whether there was an arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions
  3. 3 Whether there were substantial grounds for believing the applicant faced real risk of harm on return (torture, BOR 2/3, persecution)

Ratio Decidendi

Leave was refused because the application was filed almost six months late with no satisfactory explanation, the intended challenge disclosed no reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions, and the adverse findings as to lack of reliable evidence of risk, availability of state protection and internal relocation meant there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.