ABDUL WAHAB v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

ABDUL WAHAB v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The application for extension of time was refused because the applicant was only about one month late, had withdrawn his appeal to the Board which rendered the appeal finally determined, and thus he failed to demonstrate any realistic prospect of success for the intended appeal; therefore extension of time was not...

Source-derived case information.

Citation
[2023] HKCFI 1472
Parties
Applicant: Abdul Wahab; 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
6 June 2023
Case Number
HCAL1126/2022
Procedural Posture
Extension of Time Application / Decision on Extension Application
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Extension of Time, Leave to Appeal, Withdrawal of Appeal, Prospect of Success, Procedural Delay
Source Language
en
Constitutional Law Administrative Law Immigration Law Non Refoulement Law Judicial Review Extension of Time Leave to Appeal Withdrawal of Appeal +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abdul Wahab

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time Application / Decision on Extension Application

Legal Issues

  1. 1 Whether to extend time for filing the notice of appeal
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the putative respondent would be prejudiced by an extension

Ratio Decidendi

The application for extension of time was refused because the applicant was only about one month late, had withdrawn his appeal to the Board which rendered the appeal finally determined, and thus he failed to demonstrate any realistic prospect of success for the intended appeal; therefore extension of time was not justified.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Refuse extension of time for filing the notice of appeal.
  • Dismiss the application.