15 Oct 2024
GOMEZ GENEVIVE CANETE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
- Citation
- [2024] HKCFI 2468
- Court
- Court of First Instance
- Case number
- HCAL275/2024
Time to apply for leave to apply for judicial review is extended; the Director's letter refusing to re‑open is not susceptible to judicial review at present because the appeal remains within the Board's jurisdiction; the Board erred as a matter of law in treating its view that its decision was "final" as precluding investigation into whether the applicant was misled into withdrawing her appeal — the Board must be directed to investigate voluntariness and, if appropriate, re‑open the appeal or report back to the Court with its findings.