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

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

The leave application was dismissed and extension of time refused because the applicant was four months late with no satisfactory explanation, his stated reasons did not amount to circumstances beyond his control under s37ZG(3), and there was no reasonably arguable legal basis to challenge the Board's lawful and rational decision; therefore there was no prospect of success to justify extension of time.

Citation
[2020] HKCFI 2217
Parties
Applicant: Sarabjit; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCAL625/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed; Extension of Time Refused
Outcome
Leave application dismissed; extension of time refused
Legal Topics
Non Refoulement, Unified Screening Mechanism, Torture Claim, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Re Opening Withdrawn Claims, Statutory Compliance
Source Language
EN
Immigration Law Administrative Law Constitutional Law Judicial Review Non Refoulement Unified Screening Mechanism Torture Claim Leave to Apply for Judicial Review +4 more

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Parties

Sarabjit

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant provided sufficient evidence that failure to return a completed NCF was due to circumstances beyond his control under s37ZG(3) of the Immigration Ordinance
  2. 2 Whether the Board and Director committed error of law, procedural unfairness or irrationality in refusing to re-open the withdrawn non-refoulement claim
  3. 3 Whether the court should extend time for an out-of-time application for leave to apply for judicial review under Order 53 r 4(1) HCO

Ratio Decidendi

The leave application was dismissed and extension of time refused because the applicant was four months late with no satisfactory explanation, his stated reasons did not amount to circumstances beyond his control under s37ZG(3), and there was no reasonably arguable legal basis to challenge the Board's lawful and rational decision; therefore there was no prospect of success to justify extension of time.

Court Disposition

Leave application dismissed; extension of time refused

Orders

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