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

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

Extension of time was refused and leave dismissed because the applicants filing was egregiously out of time (filed in April 2025 for a decision in March 2019), no satisfactory explanation for the delay was provided, and the applicant had no realistic prospect of success given the Boards fact findings...

Source-derived case information.

Citation
[2025] HKCFI 3140
Parties
Applicant: Pham Thi Thom; 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
26 August 2025
Case Number
HCAL981/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Leave and Extension of Time; Dealt on Papers; Extension Refused and Leave Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Internal Relocation, Delay and Extension of Time, Judicial Review Standard of Review
Source Language
en
Immigration Administrative Law Human Rights Refugee Law Non Refoulement Torture and CIDTP Internal Relocation Delay and Extension of Time +1 more

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Parties

Pham Thi Thom

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 and Extension of Time; Dealt on Papers; Extension Refused and Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for applying for leave to apply for judicial review
  2. 2 Whether the applicant has a realistic prospect of success on judicial review
  3. 3 Whether the Boards fact-finding was legally flawed or procedurally unfair

Ratio Decidendi

Extension of time was refused and leave dismissed because the applicants filing was egregiously out of time (filed in April 2025 for a decision in March 2019), no satisfactory explanation for the delay was provided, and the applicant had no realistic prospect of success given the Boards fact findings (inconsistencies, unsubstantiated evidence) and conclusion that internal relocation was viable; therefore no public law error or procedural unfairness was shown that would justify extension.

Court Disposition

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

Orders

  • The extension of time for the application for judicial review is refused.
  • The application for leave to apply for judicial review is dismissed.