TRAN VAN LONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

TRAN VAN LONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave dismissed because the applicant had an inordinate delay of almost two years with no adequate explanation and his intended challenge disclosed no arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions, so there was no prospect of success to justify extension.

Citation
[2025] HKCFI 2552
Parties
Applicant: Tran Van Long; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 June 2025
Case Number
HCAL599/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave (extension of Time Refused; Leave Dismissed)
Outcome
Extension of time for the application for leave refused; application for leave dismissed
Legal Topics
Non Refoulement, Torture Risk (part VIIC, Cap 115), Delay and Extension of Time (order 53 R 4(1)), Judicial Review Leave, Internal Relocation, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk (part Viic, Cap 115) Delay and Extension of Time (order 53 R 4(1)) Judicial Review Leave +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tran Van Long

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave (extension of Time Refused; Leave Dismissed)

Legal Issues

  1. 1 Whether to extend time for an out-of-time application for leave to apply for judicial review under Order 53 r 4(1)
  2. 2 Whether the intended judicial review claim has any realistic prospect of success
  3. 3 Standard of review for non-refoulement determinations by the Director and the Board (not a rehearing)

Ratio Decidendi

Extension of time was refused and leave dismissed because the applicant had an inordinate delay of almost two years with no adequate explanation and his intended challenge disclosed no arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions, so there was no prospect of success to justify extension.

Court Disposition

Extension of time for the application for leave refused; application for leave dismissed

Orders

  • Extension of time for the application for leave to apply for Judicial Review of the decision of the Torture Claims Appeal Board dated 5 January 2023 is refused.
  • The application for leave to apply for Judicial Review is dismissed.