NOOR ALAM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

NOOR ALAM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Applicant's delay of more than six months was excessive; he failed to provide particulars or documentary evidence to justify late filing or to demonstrate reasonably arguable grounds; Board and Director applied statutory tests correctly and afforded due procedural fairness; therefore there was no basis to extend...

Source-derived case information.

Citation
[2019] HKCFI 2599
Parties
Applicant: Noor Alam; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2019
Case Number
HCAL580/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Unified Screening Mechanism, Extension of Time, Late Filing of Appeal, Judicial Review, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Torture/non Refoulement Law Non Refoulement Unified Screening Mechanism Extension of Time Late Filing of Appeal +3 more

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Parties

Noor Alam

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether the court should extend time for the application for leave to apply for judicial review
  2. 2 Whether the Torture Claims Appeal Board erred in refusing to allow late filing of the notice of appeal under section 37ZT
  3. 3 Whether the applicant provided sufficient evidence of a change of circumstances or special circumstances under section 37ZE to re-open a withdrawn claim

Ratio Decidendi

Applicant's delay of more than six months was excessive; he failed to provide particulars or documentary evidence to justify late filing or to demonstrate reasonably arguable grounds; Board and Director applied statutory tests correctly and afforded due procedural fairness; therefore there was no basis to extend time and leave to apply for judicial review was refused.

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