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

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

The court refused to extend time and dismissed the leave applications because the delay of over eight months was excessive with no good explanation, the intended judicial review disclosed no reasonably arguable grounds of legal error or procedural unfairness in the Director's or Board's decisions, and therefore...

Source-derived case information.

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
HCAL1484/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave and Extension of Time
Outcome
Extension of time refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture/article 3 HKBOR Risk, Leave to Apply for Judicial Review, Extension of Time, Internal Relocation, State Protection
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture/article 3 HKBOR Risk Leave to Apply for Judicial Review Extension of Time +2 more

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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 / Decision on Application for Leave and Extension of Time

Legal Issues

  1. 1 Whether there is good reason to extend time to bring an application for leave to apply for judicial review after a delay of more than three months
  2. 2 Whether the intended judicial review has a reasonably arguable prospect of success
  3. 3 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or acted with procedural unfairness or irrationality in rejecting the non-refoulement claims

Ratio Decidendi

The court refused to extend time and dismissed the leave applications because the delay of over eight months was excessive with no good explanation, the intended judicial review disclosed no reasonably arguable grounds of legal error or procedural unfairness in the Director's or Board's decisions, and therefore there was no prospect of success to justify excusing the delay.

Court Disposition

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