SHAKEEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SHAKEEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Refusal of extension of time because the applicant's delay of about one and a half months was not justified by any sufficient reason and, critically, the intended appeal had no realistic prospect of success given the Board's findings that the applicant's evidence was unreliable and that state protection and internal relocation were available; accordingly extension was refused and the application dismissed.

Citation
[2023] HKCFI 990
Parties
Applicant: Shakeel; 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 April 2023
Case Number
HCAL178/2019
Procedural Posture
Judicial Review Leave to Apply for Judicial Review / Application for Extension of Time to Appeal After Refusal of Leave
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Non Refoulement, Extension of Time to Appeal, Leave to Apply for Judicial Review, Credibility Assessment, State Protection, Internal Relocation, Torture Claims Appeal
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Asylum/non Refoulement Non Refoulement Extension of Time to Appeal Leave to Apply for Judicial Review Credibility Assessment +3 more

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Parties

Shakeel

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply for Judicial Review / Application for Extension of Time to Appeal After Refusal of Leave

Legal Issues

  1. 1 Whether to grant an extension of time to appeal the dismissal of leave to apply for judicial review
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's factual findings on credibility, state protection and internal relocation can be challenged

Ratio Decidendi

Refusal of extension of time because the applicant's delay of about one and a half months was not justified by any sufficient reason and, critically, the intended appeal had no realistic prospect of success given the Board's findings that the applicant's evidence was unreliable and that state protection and internal relocation were available; accordingly extension was refused and the application dismissed.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Extension of time refused
  • Application dismissed