PHAM THI DANG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PHAM THI DANG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court refused to extend time and dismissed the leave application because the application was filed more than three months after the Board's decision and the applicant failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's Decision; factual findings that state protection was available were within the Board's province and not susceptible to judicial review.

Citation
[2026] HKCFI 1284
Parties
Applicant: Pham Thi Dang; 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
13 March 2026
Case Number
HCAL1454/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave (out of Time); Decision on Extension of Time and Leave
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Standard of Review, State Protection, Credibility and Fact Finding, Procedural Fairness, Delay
Source Language
EN
Constitutional Law Administrative Law Immigration Law Asylum and Non Refoulement Judicial Review Extension of Time Leave to Apply for Judicial Review Standard of Review +4 more

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Parties

Pham Thi Dang

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to extend time for filing leave application beyond the statutory three months
  2. 2 Whether the proposed judicial review has a realistic prospect of success
  3. 3 Whether the Board committed error of law, procedural unfairness or irrationality in its factual findings and conclusions on non-refoulement risks

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the application was filed more than three months after the Board's decision and the applicant failed to demonstrate any realistic prospect of success or any error of law, procedural unfairness or irrationality in the Board's Decision; factual findings that state protection was available were within the Board's province and not susceptible to judicial review.

Court Disposition

Extension of time 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