SALINA THAPAMAGAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

SALINA THAPAMAGAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court refused to extend time and dismissed the leave application because the applicant was extraordinarily late (over 19 months), offered no satisfactory explanation for that delay, and the intended challenge had no real prospect of success given the Board and Director had lawfully and fairly considered the...

Source-derived case information.

Citation
[2020] HKCFI 2600
Parties
Applicant: Salina Thapamagar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2020
Case Number
HCAL607/2018
Procedural Posture
Application for Leave to Apply for Judicial Review of Torture Claims Appeal Board Decision / Leave Application Refused; Extension of Time Refused; Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claims, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Internal Relocation
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Claims Leave to Apply for Judicial Review Extension of Time +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Salina Thapamagar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review of Torture Claims Appeal Board Decision / Leave Application Refused; Extension of Time Refused; Application Dismissed

Legal Issues

  1. 1 Whether time should be extended for an out-of-time application for leave to apply for judicial review
  2. 2 Whether the Torture Claims Appeal Board erred in refusing to allow late filing of Notice of Appeal
  3. 3 Whether the Director of Immigration incorrectly assessed non-refoulement/torture and persecution risk and internal relocation

Ratio Decidendi

The court refused to extend time and dismissed the leave application because the applicant was extraordinarily late (over 19 months), offered no satisfactory explanation for that delay, and the intended challenge had no real prospect of success given the Board and Director had lawfully and fairly considered the facts, relied on COI, and reasonably concluded risk was low and internal relocation available; accordingly there was no justification to permit the late application.

Court Disposition

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

Orders

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