PHOMPHAKDY ME v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

PHOMPHAKDY ME v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application is dismissed because it was filed out of time by more than nine months without satisfactory explanation and, on merits, the Board's Decision contained no error of law, procedural unfairness or irrationality; the applicant failed to identify any reasonably arguable ground for judicial review and...

Source-derived case information.

Citation
[2025] HKCFI 6270
Parties
Applicant: Phomphakdy Me; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2025
Case Number
HCAL2218/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed Following Consideration of Documents and Oral Hearing
Outcome
Leave application dismissed (out of time and no merits)
Legal Topics
Non Refoulement, Delay and Extension of Time, Judicial Review Leave Requirement, Standard of Review, Internal Relocation
Source Language
en
Administrative Law Immigration Law Constitutional Law Non Refoulement Delay and Extension of Time Judicial Review Leave Requirement Standard of Review Internal Relocation

Source-derived case record

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Parties

Phomphakdy Me

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed Following Consideration of Documents and Oral Hearing

Legal Issues

  1. 1 Whether the leave application was filed within time or whether time should be extended
  2. 2 Whether the applicant identified any legally arguable ground of judicial review
  3. 3 Whether the Board's decision contained error of law, procedural unfairness or was irrational

Ratio Decidendi

The leave application is dismissed because it was filed out of time by more than nine months without satisfactory explanation and, on merits, the Board's Decision contained no error of law, procedural unfairness or irrationality; the applicant failed to identify any reasonably arguable ground for judicial review and therefore leave is refused.

Court Disposition

Leave application dismissed (out of time and no merits)

Orders

  • Application for leave to apply for judicial review dismissed
  • Putative respondent name amended to Torture Claims Appeal Board