VU THI MAI v. ORTURE CLAIMS APPEAL BOARD

VU THI MAI v. ORTURE CLAIMS APPEAL BOARD

Extension of time refused because the applicant was 11 weeks late without explanation and there was no reasonably arguable ground for judicial review given the Board's credible adverse findings and the availability of internal relocation; consequently leave to apply for judicial review was dismissed.

Citation
[2021] HKCFI 1200
Parties
Applicant: Vu Thi Mai; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2021
Case Number
HCAL1397/2018
Procedural Posture
Judicial Review (leave Application) / Leave Refused and Application Dismissed
Outcome
extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Persecution, Internal Relocation, Extension of Time, Judicial Review Leave, Credibility Findings
Source Language
EN
Immigration Law Administrative Law Constitutional Law Non Refoulement Torture Risk Persecution Internal Relocation Extension of Time +2 more

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Parties

Vu Thi Mai

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 time for filing the leave application should be extended
  2. 2 Whether there are arguable grounds for judicial review of the Board's decision
  3. 3 Whether the Board and Director made legal errors, procedural unfairness or irrational findings

Ratio Decidendi

Extension of time refused because the applicant was 11 weeks late without explanation and there was no reasonably arguable ground for judicial review given the Board's credible adverse findings and the availability of internal relocation; consequently leave to apply for judicial review was dismissed.

Court Disposition

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

Orders

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