RAMADHAN BAKARI RASHID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RAMADHAN BAKARI RASHID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the application was filed 15 days out of time with no explanation and the proposed grounds had no realistic prospect of success; the Director's and Adjudicator's decisions demonstrated no error of law or procedure and an extension of time was not justified.

Source-derived case information.

Citation
[2020] HKCFI 1931
Parties
Applicant: Ramadhan Bakari Rashid; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2020
Case Number
HCAL54/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Judicial Review, Extension of Time, Leave to Apply for Judicial Review
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Non Refoulement Torture Claim Judicial Review Extension of Time +1 more

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Parties

Ramadhan Bakari Rashid

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 timeliness and application of the three-month rule/extension of time
  2. 2 merits of the non-refoulement/torture claim
  3. 3 standard for granting leave to apply for judicial review

Ratio Decidendi

Leave to apply for judicial review was refused because the application was filed 15 days out of time with no explanation and the proposed grounds had no realistic prospect of success; the Director's and Adjudicator's decisions demonstrated no error of law or procedure and an extension of time was not justified.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.
  • No extension of time granted for filing Form 86.