PANTOJA MYRA BASCO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PANTOJA MYRA BASCO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Extension of time was refused and the leave application dismissed because the applicant was 4 months 16 days late, provided no cogent reasons or specific grounds, and failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's adverse credibility findings and conclusions on state protection and internal relocation, which are matters for the Board's fact‑finding.

Citation
[2025] HKCFI 5776
Parties
Applicant: Pantoja Myra Basco; 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
2 December 2025
Case Number
HCAL1167/2025
Procedural Posture
Judicial Review (leave to Apply) / Application for Leave to Apply for Judicial Review; Decision on Extension of Time
Outcome
Extension of time for the leave application refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Persecution (refugee Convention Article 33), Judicial Review, Extension of Time, Credibility Findings, State Protection, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and CIDTP Persecution (refugee Convention Article 33) Judicial Review Extension of Time +4 more

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Parties

Pantoja Myra Basco

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Application for Leave to Apply for Judicial Review; Decision on Extension of Time

Legal Issues

  1. 1 Whether extension of time for filing leave application should be granted
  2. 2 Whether the applicant has a realistic prospect of success on proposed judicial review
  3. 3 Whether the Board committed errors of law, procedural unfairness or irrationality in its findings on credibility, state protection and internal relocation

Ratio Decidendi

Extension of time was refused and the leave application dismissed because the applicant was 4 months 16 days late, provided no cogent reasons or specific grounds, and failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's adverse credibility findings and conclusions on state protection and internal relocation, which are matters for the Board's fact‑finding.

Court Disposition

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

Orders

  • Extension of time for the application for judicial review refused.
  • Application for leave to apply for judicial review dismissed.