PHAM THI VAN ANH FOR HOANG PHUONG THAO v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

PHAM THI VAN ANH FOR HOANG PHUONG THAO v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Applicants were more than eight months late with no adequate explanation; their proposed grounds disclosed no arguable error of law or procedural unfairness and lacked reasonable prospects of success; the Director and the Board lawfully found the risk to be localized with state protection and internal relocation available; therefore no extension of time granted and leave dismissed.

Citation
[2019] HKCFI 2182
Parties
Applicant: Pham Thi Van Anh; Applicant: Pham Thi Van Anh for Hoang Chan Thanh; Applicant: Pham Thi Van Anh for Hoang Phuong Thao; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 September 2019
Case Number
HCAL1485/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Extension of Time Refused; Applications Dismissed
Outcome
Extension of time refused; leave to apply for judicial review dismissed; applications dismissed.
Legal Topics
Non Refoulement, Prohibition of Torture and Cruel, Inhuman or Degrading Treatment (article 3 Hkbor), Judicial Review (leave), Extension of Time and Delay, Internal Relocation, Risk Assessment, Torture Claims Appeal Board Appeals
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Prohibition of Torture and Cruel, Inhuman or Degrading Treatment (article 3 Hkbor) Judicial Review (leave) Extension of Time and Delay +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pham Thi Van Anh

Applicant

Pham Thi Van Anh for Hoang Chan Thanh

Applicant

Pham Thi Van Anh for Hoang Phuong Thao

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused; Extension of Time Refused; Applications Dismissed

Legal Issues

  1. 1 Whether to extend time for filing leave applications under Order 53 r 4(1)
  2. 2 Whether the intended judicial review has arguable merit
  3. 3 Whether the Director of Immigration and the Torture Claims Appeal Board committed error of law or procedural unfairness

Ratio Decidendi

Applicants were more than eight months late with no adequate explanation; their proposed grounds disclosed no arguable error of law or procedural unfairness and lacked reasonable prospects of success; the Director and the Board lawfully found the risk to be localized with state protection and internal relocation available; therefore no extension of time granted and leave dismissed.

Court Disposition

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

Orders

  • An extension of time for the application for leave to apply for Judicial Review against the decision of the Torture Claims Appeal Board dated 15 June 2017 is refused.
  • Leave to apply for Judicial Review is dismissed.