AARON SMITH CHINONSO JOHN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

AARON SMITH CHINONSO JOHN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The application for extension of time to appeal is dismissed because the proposed appeal has no prospect of success: the applicant failed to identify grounds of appeal, raised a new unpleaded family ground without evidence, and the legal principle that a child's right of abode does not entitle a parent to remain applies; therefore no extension of time should be granted.

Citation
[2025] HKCFI 5214
Parties
Applicant: Aaron Smith Chinonso John; 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
13 November 2025
Case Number
HCAL1360/2020
Procedural Posture
Extension of Time to Appeal / Decision on Extension Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Time Computation (summer Vacation), Right of Abode, Prospect of Appeal
Source Language
EN
Constitutional and Administrative Law Immigration Non Refoulement Judicial Review Appeal Procedure Extension of Time Leave to Apply for Judicial Review Time Computation (summer Vacation) +2 more

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Parties

Aaron Smith Chinonso John

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time to Appeal / Decision on Extension Application

Legal Issues

  1. 1 Length of delay
  2. 2 Reason for delay
  3. 3 Prospect/arguability of the intended appeal

Ratio Decidendi

The application for extension of time to appeal is dismissed because the proposed appeal has no prospect of success: the applicant failed to identify grounds of appeal, raised a new unpleaded family ground without evidence, and the legal principle that a child's right of abode does not entitle a parent to remain applies; therefore no extension of time should be granted.

Court Disposition

Application dismissed

Orders

  • The application for extension of time to appeal is dismissed.