RAKESH KUMAR v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RAKESH KUMAR v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was dismissed because the applicant failed to show good reason to extend time after an 18‑month delay, failed to identify reasonably arguable grounds in the Form 86, and the prejudice to public administration and the putative respondent outweighed any claim to relief even where arguable issues on the merits existed; accordingly leave was refused and the Form 86 amended to correctly identify parties.

Citation
[2025] HKCFI 5722
Parties
Applicant: RAKESH KUMAR; Putative Respondent: Non-Refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 2025
Case Number
HCAL1435/2020
Procedural Posture
Judicial Review (leave Application) / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed; Form 86 amended to correctly identify parties.
Legal Topics
Undue Delay, Extension of Time, Credibility, Procedural Fairness, Wednesbury Unreasonableness, Reasoning and Sufficiency of Reasons, Schedule 1 a Immigration Ordinance
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Non Refoulement Refugee Law Undue Delay Extension of Time Credibility +4 more

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Parties

RAKESH KUMAR

Applicant

Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Dismissed

Legal Issues

  1. 1 Whether the applicant established good reason to extend time for leave despite being over 18 months out of time
  2. 2 Whether the Form 86 and affirmation identified reasonably arguable grounds of judicial review
  3. 3 Whether the NRCPO erred by dismissing the petition for non-attendance without making adverse credibility findings or adequate reasons

Ratio Decidendi

The application for leave was dismissed because the applicant failed to show good reason to extend time after an 18‑month delay, failed to identify reasonably arguable grounds in the Form 86, and the prejudice to public administration and the putative respondent outweighed any claim to relief even where arguable issues on the merits existed; accordingly leave was refused and the Form 86 amended to correctly identify parties.

Court Disposition

Application for leave to apply for judicial review dismissed; Form 86 amended to correctly identify parties.

Orders

  • Form 86 amended to name only the Non-Refoulement Claims Petition Office as the Putative Respondent and only the Director of Immigration as the Putative Interested Party.
  • Application for leave to apply for judicial review dismissed.