Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal and re-opening of non-refoulement claim

Legal area

Court

13 May 2021

SUMARTIN ANDINI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 1375
Court

Court of First Instance
Case number

HCAL136/2021

The court granted an extension of time and leave because the applicant raised a reasonably arguable case that the Board failed to consider and explain its rejection of material grounds set out in the notice of appeal (pregnancy, miscarriage, detention, homelessness and loss of documents) and may have failed to apply the high standards of fairness required in non-refoulement determinations, including active inquiries into medical evidence; those arguable defects met the threshold for granting leave to apply for judicial review.
4 Dec 2018

GARDIOLA JEANE LAGAC v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 2217
Court

Court of First Instance
Case number

HCAL952/2017

Extension of time was refused because the applicant filed Form 86 105 days late, provided no explanation or supporting evidence for the delay or for the original failure to submit the NCF, and failed to demonstrate real prospects of success such as would justify the exercise of the court's discretion to extend time; accordingly the out‑of‑time application was dismissed.