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

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

Leave to apply for judicial review was refused because the Form 86 was filed out of time without an extension or explanation, and on merits the Board's and Director's findings (credibility, low severity of harm, availability of state protection and viable internal relocation) disclosed no error of law, procedural unfairness or irrationality and the proposed judicial review was not reasonably arguable with realistic prospects of success.

Citation
[2024] HKCFI 3673
Parties
Applicant: Rini; 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
27 December 2024
Case Number
HCAL2442/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (refused)
Outcome
Application for leave to apply for judicial review dismissed; leave refused
Legal Topics
Non Refoulement, Prohibition of Torture, State Protection, Internal Relocation, Delay and Limitation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Refugee Law Non Refoulement Prohibition of Torture State Protection +2 more

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Parties

Rini

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 / Decision on Leave (refused)

Legal Issues

  1. 1 Whether the Form 86 was filed in time under Order 53 r.4(1)
  2. 2 Whether the Board and Director erred in law or acted irrationally or unfairly in rejecting non-refoulement grounds
  3. 3 Credibility of claimant and severity of past harm

Ratio Decidendi

Leave to apply for judicial review was refused because the Form 86 was filed out of time without an extension or explanation, and on merits the Board's and Director's findings (credibility, low severity of harm, availability of state protection and viable internal relocation) disclosed no error of law, procedural unfairness or irrationality and the proposed judicial review was not reasonably arguable with realistic prospects of success.

Court Disposition

Application for leave to apply for judicial review dismissed; leave refused

Orders

  • Leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed