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

YUSUPHA SANYANG 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 delay was serious and unexplained, the Board's adverse credibility and implausibility findings were such that the applicant had no realistic prospect of success on judicial review, and no error of law or procedural unfairness was shown that would justify intervention.

Citation
[2024] HKCFI 1996
Parties
Applicant: Yusupha Sanyang; 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
27 August 2024
Case Number
HCAL626/2021
Procedural Posture
Judicial Review (leave Application) / Application for Leave; Application for Extension of Time Refused; Leave Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture (part VIIC Immigration Ordinance), Hong Kong Bill of Rights (article 2, Article 3), Delay/extension of Time, Credibility Assessment, Internal Relocation, Standard of Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture (part VIIC Immigration Ordinance) Hong Kong Bill of Rights (article 2, Article 3) Delay/extension of Time +3 more

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Parties

Yusupha Sanyang

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Application for Leave; Application for Extension of Time Refused; Leave Application Dismissed

Legal Issues

  1. 1 Whether to extend time for application for leave to apply for judicial review
  2. 2 Whether the applicant has a realistic prospect of success on the merits of the proposed judicial review
  3. 3 Whether the Board's adverse credibility findings were irrational or legally flawed

Ratio Decidendi

The application for extension of time was refused and the leave application dismissed because the delay was serious and unexplained, the Board's adverse credibility and implausibility findings were such that the applicant had no realistic prospect of success on judicial review, and no error of law or procedural unfairness was shown that would justify intervention.

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 be refused.
  • The application for leave to apply for Judicial Review of the Board's 2nd Decision be dismissed.