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

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

The application for extension of time was refused and leave dismissed because the application was out of time, the proposed judicial review lacked realistic prospects of success, and the Board's decision involved no error of law or procedural unfairness and was not Wednesbury unreasonable given findings of low risk, available state protection and viable internal relocation.

Citation
[2022] HKCFI 2997
Parties
1st Applicant: Siti Choiriyah; 2nd Applicant: Diallo Nene Issatu Dian; 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 September 2022
Case Number
HCAL1121/2019
Procedural Posture
Judicial Review (leave Application) / Application for Leave; Application for Extension of Time Refused; Dismissal of Leave Application
Outcome
Extension of time to apply for leave refused; joint application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Risk of Persecution, Extension of Time/delay, Leave to Apply for Judicial Review, Internal Relocation, State Protection, Wednesbury Unreasonableness, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture and CIDTP Risk of Persecution Extension of Time/delay +5 more

Case Brief

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Parties

Siti Choiriyah

1st Applicant

Diallo Nene Issatu Dian

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 Refused; Dismissal of Leave Application

Legal Issues

  1. 1 whether extension of time to apply for leave should be granted
  2. 2 whether the proposed judicial review has realistic prospects of success
  3. 3 whether the Board erred in law or procedurally in assessing risks (torture, CIDTP, Article 2 HKBOR, Article 3 HKBOR, Article 33 Refugee Convention)

Ratio Decidendi

The application for extension of time was refused and leave dismissed because the application was out of time, the proposed judicial review lacked realistic prospects of success, and the Board's decision involved no error of law or procedural unfairness and was not Wednesbury unreasonable given findings of low risk, available state protection and viable internal relocation.

Court Disposition

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

Orders

  • Extension of time for the Applicants to apply for leave to apply for Judicial Review refused
  • The joint application for leave to apply for Judicial Review dismissed