AMANDEEP SINGH v. DIRECTOR OF IMMIGRATION

AMANDEEP SINGH v. DIRECTOR OF IMMIGRATION

Extension of time refused because the applicant failed to provide a reasonable explanation for the delay (he did not keep the court informed of his change of address) and he advanced no grounds of appeal with a real prospect of success, so the balance of factors did not justify granting an extension.

Source-derived case information.

Citation
[2024] HKCFI 3686
Parties
Applicant: Amandeep Singh; 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
23 December 2024
Case Number
HCAL1073/2021
Procedural Posture
Judicial Review (leave to Apply/leave to Appeal) / Application for Extension of Time to Appeal
Outcome
application for extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Service and Address Update, Right to Oral Hearing, Legal Representation and Language Assistance, Appealability of Subsequent Non Refoulement Claim
Source Language
en
Constitutional Law Administrative Law Immigration Law Non Refoulement Civil Procedure Extension of Time Leave to Apply for Judicial Review Service and Address Update +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amandeep Singh

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply/leave to Appeal) / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether to grant extension of time to appeal a refusal of leave to apply for judicial review
  2. 2 Whether the applicant gave a reasonable explanation for delay
  3. 3 Whether the intended appeal has a prospect of success

Ratio Decidendi

Extension of time refused because the applicant failed to provide a reasonable explanation for the delay (he did not keep the court informed of his change of address) and he advanced no grounds of appeal with a real prospect of success, so the balance of factors did not justify granting an extension.

Court Disposition

application for extension of time to appeal refused

Orders

  • Extension of time to appeal refused
  • Application dismissed