WAHEED AHMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

WAHEED AHMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The application was dismissed because it was significantly out of time (approximately ten months), the applicant offered no good reason to extend time, his grounds were vague and lacked particulars demonstrating any legal error or procedural unfairness in the Director's or Board's decisions, the Board was properly functus officio on withdrawal, and the Director's assessment of low risk and availability of internal relocation was lawful and uninfected by material error; therefore there was no prospect of success and time was not extended.

Citation
[2018] HKCFI 2803
Parties
Applicant: Waheed Ahmad; Putative Respondent: Director of Immigration; Putative Interested Party: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2018
Case Number
HCAL43/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Application for Extension of Time Refused and Leave Dismissed
Outcome
Extension of time refused; leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Procedural Fairness, Extension of Time, Judicial Review, Internal Relocation
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Procedural Fairness Extension of Time +2 more

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Parties

Waheed Ahmad

Applicant

Director of Immigration

Putative Respondent

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Application for Extension of Time Refused and Leave Dismissed

Legal Issues

  1. 1 Whether to extend time for application for leave to apply for judicial review
  2. 2 Whether Director and Board committed legal error or procedural unfairness in non-refoulement decision
  3. 3 Whether applicant's withdrawal of appeal rendered the Board functus officio and barred reopening

Ratio Decidendi

The application was dismissed because it was significantly out of time (approximately ten months), the applicant offered no good reason to extend time, his grounds were vague and lacked particulars demonstrating any legal error or procedural unfairness in the Director's or Board's decisions, the Board was properly functus officio on withdrawal, and the Director's assessment of low risk and availability of internal relocation was lawful and uninfected by material error; therefore there was no prospect of success and time was not extended.

Court Disposition

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

Orders

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