SOREN SUME AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SOREN SUME AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because delay was seven days with no satisfactory explanation, the intended appeal had no realistic prospect of success given the Board's unchallenged findings that the claims were unfounded and state protection and internal relocation were available, and there was no good reason to interfere with the Board's factual conclusions; application dismissed and extension denied.

Citation
[2024] HKCFI 3264
Parties
Applicant (mother and Guardian Ad Litem): Soren Sume; Applicant (2nd Applicant): Jahangir Jarifa Khan; Applicant (3rd Applicant): Jahangir Ishak Khan; 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
5 December 2024
Case Number
HCAL380/2024
Procedural Posture
Judicial Review / Appeal From Refusal of Non Refoulement Claim / Application for Extension of Time to File Notice of Appeal After Refusal of Leave; Application Dismissed
Outcome
Application for extension of time to file notice of appeal refused; application dismissed.
Legal Topics
Non Refoulement, Judicial Review, Extension of Time, Leave to Apply for Judicial Review, State Protection, Internal Relocation
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Child Protection Non Refoulement Judicial Review Extension of Time Leave to Apply for Judicial Review +2 more

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Parties

Soren Sume

Applicant (mother and Guardian Ad Litem)

Jahangir Jarifa Khan

Applicant (2nd Applicant)

Jahangir Ishak Khan

Applicant (3rd Applicant)

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Non Refoulement Claim / Application for Extension of Time to File Notice of Appeal After Refusal of Leave; Application Dismissed

Legal Issues

  1. 1 Whether extension of time to file notice of appeal should be granted
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's factual findings and assessment of state protection should be interfered with

Ratio Decidendi

Extension of time refused because delay was seven days with no satisfactory explanation, the intended appeal had no realistic prospect of success given the Board's unchallenged findings that the claims were unfounded and state protection and internal relocation were available, and there was no good reason to interfere with the Board's factual conclusions; application dismissed and extension denied.

Court Disposition

Application for extension of time to file notice of appeal refused; application dismissed.

Orders

  • Extension of time to file notice of appeal refused
  • Application dismissed