44 lines
2.5 KiB
YAML
44 lines
2.5 KiB
YAML
plaintiff:
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- Valles Julie Ann Caranto
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defendant:
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- Torture Claims Appeal Board/Non-refoulement Claims Petition Office
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case_reason: |
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Application for leave to apply for judicial review of the Decision dated 7 March 2019 of the Torture Claims Appeal Board refusing to allow the applicant's late filing of notice of appeal/petition against the Director's Second Decision regarding non-refoulement claim based on alleged risks of harm from husband and loan sharks if returned to the Philippines.
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judgment_summary: |
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The Court refused to grant leave for judicial review. The applicant, a Filipino national who overstayed in Hong Kong, claimed non-refoulement protection based on alleged risks from her abusive husband and loan sharks. The Board rejected her late appeal filing, finding she failed to notify address changes and her grounds lacked merit. The Court held the Board correctly refused time extension, noting the applicant's obligation to maintain updated contact information. The Court found no error of law or procedural unfairness in the Board's decision, and the applicant failed to demonstrate realistic prospects of success. Application dismissed.
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jurisdiction_code: HKCFI
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jurisdiction_name: High Court of the Hong Kong Special Administrative Region Court of First Instance
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case_location: Hong Kong
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case_object: |
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Decision of Torture Claims Appeal Board dated 7 March 2019 refusing late filing of notice of appeal/petition
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judgment_result:
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- charge: Application for leave to apply for judicial review
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result: Refused/Dismissed
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involved_entities:
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- entity_name: Valles Julie Ann Caranto
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reason: Applicant seeking judicial review of Board's decision refusing her late appeal filing regarding non-refoulement claim
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- entity_name: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
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reason: Respondent who made the decision refusing to allow late filing of notice of appeal/petition
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- entity_name: Director of Immigration
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reason: Interested party who made initial decisions rejecting applicant's non-refoulement claims on various grounds
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- entity_name: Deputy High Court Judge K.W. Lung
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reason: Judge who decided the application and refused leave for judicial review
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- entity_name: Valles Oscar Paderon
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reason: Applicant's husband, alleged source of abuse and threat forming basis of non-refoulement claim
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- entity_name: Loan sharks (unnamed)
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reason: Alleged source of threat to applicant forming part of basis for non-refoulement claim
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