SUMIATI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SUMIATI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for extension of time was refused and the leave application dismissed because the applicant filed nearly three months late without explanation, failed to demonstrate circumstances beyond her control under s.37ZG(3) or any realistic prospect of success, and there was no error of law or procedural unfairness in the Board's decision that she had not exercised due diligence.

Citation
[2023] HKCFI 2806
Parties
Applicant: Sumiati; 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
14 November 2023
Case Number
HCAL1143/2019
Procedural Posture
Judicial Review Application for Leave / Decision on Application for Leave and Extension of Time
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Claim Reopening, Extension of Time for Judicial Review, Leave to Apply for Judicial Review, Standard of Review
Source Language
EN
Administrative Law Immigration Law Constitutional Law Non Refoulement Torture Claim Reopening Extension of Time for Judicial Review Leave to Apply for Judicial Review Standard of Review

Case Brief

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Parties

Sumiati

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application for Leave / Decision on Application for Leave and Extension of Time

Legal Issues

  1. 1 Whether extension of time to apply for leave should be granted
  2. 2 Whether the Director/Board erred in refusing to reopen a withdrawn non-refoulement claim under section 37ZG(3)
  3. 3 Whether the applicant exercised all due diligence and was prevented by circumstances beyond her control

Ratio Decidendi

The application for extension of time was refused and the leave application dismissed because the applicant filed nearly three months late without explanation, failed to demonstrate circumstances beyond her control under s.37ZG(3) or any realistic prospect of success, and there was no error of law or procedural unfairness in the Board's decision that she had not exercised due diligence.

Court Disposition

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

Orders

  • The extension of time for the application for judicial review is refused.
  • The application for leave to apply for judicial review is dismissed.