43 lines
2.9 KiB
YAML
43 lines
2.9 KiB
YAML
plaintiff:
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- Valles Julie Ann Caranto
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defendant:
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- 'Torture Claims Appeal Board/
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Non-Refoulement Claims Petition Office'
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jurisdiction_code: HKCFI
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jurisdiction_name: 香港特別行政區高等法院原訟法庭
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case_location:
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- 香港特別行政區
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case_reason: >-
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Applicant applies for leave to apply for judicial review of the Decision dated 7 March 2019 of the '
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case_object:
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- leave to apply for judicial review
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judgment_result:
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- charge: The Board's decision to refuse to extend time for the applicant to file her notice of appeal
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(liability issue)
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result: Disallowed. The Court found no merit in the application as the applicant had failed to show
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any realistic prospect of success and there was no error of law or procedural unfairness.
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- charge: The Board's decision on extending time for filing notice of appeal (quantum issue)
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result: Disallowed. The Court found that the Board did not err in refusing to extend the time as the
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applicant had failed to keep the Director and the Board updated with her address or telephone number.
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- charge: The Board's decision on other risks, particularly BOR 3 risk (quantum issue)
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result: Disallowed. The Court found that there was no valid ground to challenge the Board’s Second Decision
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as the applicant had failed in her claim on the BOR 3 risk.
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- charge: The applicant's application for judicial review of the Board’s Second Decision (liability issue)
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result: Disallowed. The Court refused to grant leave to apply for judicial review, finding no error
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of law or procedural unfairness in the Board’s Decision and that the findings were not open to challenge.
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judgment_summary: >-
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在本案中，原告Valles Julie Ann Caranto申请高等法院原讼法庭撤销被告Torture Claims Appeal Board/Non-refoulement Claims Petition
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Office于2019年3月7日作出的拒绝其逾期提交上诉通知决定。法庭经审查相关证据后认为，原告未能证明其有成功的合理前景，并且被告在决定中没有程序上的不公平或法律错误。具体而言，法庭否决了原告关于延长申请期限、其他风险（特别是BOR
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3风险）以及对被告第二次决定的司法复审申请。法庭引用了多项判例法，强调申请人必须提供有效地址以确保沟通的有效性，并且未能更新地址将导致不利后果。最终，法庭
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involved_entities:
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- entity_name: Deputy High Court Judge K.W. Lung
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Valles Julie Ann Caranto
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reason: Applicant in the case.
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- entity_name: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
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reason: Respondent in the case, responsible for making decisions regarding non-refoulement claims and
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torture claims appeals.
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- entity_name: Director of Immigration
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reason: Putative interested party in the case, management authority related to immigration matters.
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