NGUYEN BUI SON AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NGUYEN BUI SON AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time refused because delay of almost two years was inordinate and unexplained, the intended judicial review lacked any reasonably arguable ground (no identifiable legal error, irrationality or procedural unfairness in Board/Director decisions), therefore no prospect of success and leave was dismissed.

Citation
[2022] HKCFI 1166
Parties
1st Applicant: Nguyen Bui Son; 2nd Applicant: Le Thi Huong; 3rd Applicant: Nguyen Bui Truong; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2022
Case Number
HCAL352/2019
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claims) / Decision Refusing Extension of Time and Dismissing Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR (right to Life), Extension of Time, Leave to Apply for Judicial Review, Procedural Fairness, Internal Relocation, Delay and Prejudice
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee/non Refoulement Law Judicial Review Procedure Non Refoulement Torture Risk +7 more

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Parties

Nguyen Bui Son

1st Applicant

Le Thi Huong

2nd Applicant

Nguyen Bui Truong

3rd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claims) / Decision Refusing Extension of Time and Dismissing Leave Application

Legal Issues

  1. 1 Whether to extend time for filing judicial review (Order 53 r4)
  2. 2 Whether there is an arguable/meritorious ground of judicial review against the Board's decision
  3. 3 Whether the Board or Director made an error of law, irrationality or procedural unfairness

Ratio Decidendi

Extension of time refused because delay of almost two years was inordinate and unexplained, the intended judicial review lacked any reasonably arguable ground (no identifiable legal error, irrationality or procedural unfairness in Board/Director decisions), therefore no prospect of success and leave was dismissed.

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