PHAN THE CUONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHAN THE CUONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused because the applicant had a substantial unexplained delay and the intended judicial review disclosed no reasonably arguable basis; the applicant had validly and informedly withdrawn his appeal so the Board was functus officio and its confirmation of the Director's decision showed no...

Source-derived case information.

Citation
[2021] HKCFI 2364
Parties
Applicant: Phan The Cuong; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2021
Case Number
HCAL684/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave Dismissed
Outcome
Application for leave to apply for judicial review dismissed; extension of time refused.
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Extension of Time, Withdrawal of Appeal, Functus Officio, Procedural Fairness
Source Language
en
Immigration Law Constitutional Law Administrative Law Non Refoulement Torture Risk Leave to Apply for Judicial Review Extension of Time Withdrawal of Appeal +2 more

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Parties

Phan The Cuong

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for filing leave application under Order 53 r4(1)
  2. 2 Whether the intended judicial review has any reasonably arguable merit
  3. 3 Whether the applicant's withdrawal of his appeal to the Board was valid and rendered the appeal finally determined (functus officio)

Ratio Decidendi

Extension of time was refused because the applicant had a substantial unexplained delay and the intended judicial review disclosed no reasonably arguable basis; the applicant had validly and informedly withdrawn his appeal so the Board was functus officio and its confirmation of the Director's decision showed no error of law, irrationality or procedural unfairness; accordingly leave was dismissed.

Court Disposition

Application for leave to apply for judicial review dismissed; extension of time refused.

Orders

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