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

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

Refusal to extend time: the applicant's delay of over 14 months was substantial and unjustified by detention circumstances; the proposed grounds were vague, lacked particulars and were not reasonably arguable; the Board's adverse credibility findings and assessment of state protection and internal relocation were not vitiated by legal error or procedural unfairness; therefore no prospect of success and no good reason to extend time, so leave was refused and application dismissed.

Citation
[2023] HKCFI 2924
Parties
Applicant: Suleman Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2023
Case Number
HCAL337/2019
Procedural Posture
Judicial Review (leave Application) / Leave Refused and Application Dismissed
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (torture/inhuman Treatment), Credibility Assessment, Internal Relocation, State Protection/due Diligence, Extension of Time, Judicial Review Standard of Review
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +6 more

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Parties

Suleman Muhammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Refused and Application Dismissed

Legal Issues

  1. 1 Whether to extend time for leave application
  2. 2 Whether the intended judicial review has a realistic prospect of success
  3. 3 Admissibility and weight of Country of Origin Information (COI)

Ratio Decidendi

Refusal to extend time: the applicant's delay of over 14 months was substantial and unjustified by detention circumstances; the proposed grounds were vague, lacked particulars and were not reasonably arguable; the Board's adverse credibility findings and assessment of state protection and internal relocation were not vitiated by legal error or procedural unfairness; therefore no prospect of success and no good reason to extend time, so leave was refused and application dismissed.

Court Disposition

Leave to apply for judicial review refused; application 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