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

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

The application for leave was refused because it was unacceptably late (two months beyond the three-month limit) and the applicant provided no good reason to extend time; on the merits the Adjudicator's decision was reasonable, involved adequate inquiry and COI consideration, and contained no error of law or procedural unfairness, so leave was dismissed.

Citation
[2018] HKCFI 2415
Parties
Applicant: Rini Artini; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2018
Case Number
HCAL295/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application Dismissed; Extension of Time Refused
Outcome
Extension of time for application for leave to apply for judicial review refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Extension of Time, Internal Relocation, State Protection, Credibility Assessment, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Administrative Law Immigration Law Human Rights Constitutional Law Non Refoulement Judicial Review Extension of Time Internal Relocation +4 more

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Parties

Rini Artini

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Application Dismissed; Extension of Time Refused

Legal Issues

  1. 1 Whether extension of time should be granted for a late application for leave to apply for judicial review
  2. 2 Whether the Torture Claims Appeal Board's decision was unlawful, irrational (Wednesbury) or procedurally unfair
  3. 3 Whether internal relocation and state protection were viable and properly considered

Ratio Decidendi

The application for leave was refused because it was unacceptably late (two months beyond the three-month limit) and the applicant provided no good reason to extend time; on the merits the Adjudicator's decision was reasonable, involved adequate inquiry and COI consideration, and contained no error of law or procedural unfairness, so leave was dismissed.

Court Disposition

Extension of time for application for leave to apply for judicial review refused; leave to apply for judicial review dismissed.

Orders

  • If the applicant intends to appeal she must apply to this court within 14 days by way of summons for leave to appeal
  • When filing the application for leave to appeal the applicant must file written submissions of not more than 5 pages in support