SALBIYAH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

SALBIYAH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

No good reason existed to extend time given an 8.5 month unexplained delay and the intended application had no reasonably arguable prospect of success because the Director and the Board correctly found the risk was localized and that state protection and reasonable internal relocation in Indonesia were available; no legal error or procedural unfairness was shown to justify judicial review.

Citation
[2020] HKCFI 2190
Parties
Applicant: Salbiyah; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCAL748/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application (leave Dismissed)
Outcome
Extension of time for the application for leave refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR, Internal Relocation, Extension of Time, Leave to Apply for Judicial Review, Procedural Fairness, Standard of Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Article 3 HKBOR Article 2 HKBOR +5 more

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Parties

Salbiyah

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application (leave Dismissed)

Legal Issues

  1. 1 Whether to extend time for filing leave application under Order 53 r 4(1) HCO
  2. 2 Whether the intended judicial review has a reasonably arguable prospect of success
  3. 3 Whether state/police protection and internal relocation in Indonesia negate non-refoulement risks

Ratio Decidendi

No good reason existed to extend time given an 8.5 month unexplained delay and the intended application had no reasonably arguable prospect of success because the Director and the Board correctly found the risk was localized and that state protection and reasonable internal relocation in Indonesia were available; no legal error or procedural unfairness was shown to justify judicial review.

Court Disposition

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

Orders

  • Extension of time refused
  • Application for leave to apply for judicial review dismissed