ASIF FAROOQ v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE

ASIF FAROOQ v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE

Applicant failed to give an acceptable explanation for the delay and for non-receipt of court documents which were presumed delivered; the underlying application lacked merit and did not raise a realistic prospect of success; considering the statutory factors (delay, reasons, prospects, prejudice) it was not in the interests of justice to grant an extension of time, so the summons dated 29 July 2020 is dismissed.

Citation
[2020] HKCFI 2053
Parties
Applicant: Asif Farooq; Putative Respondent: Torture Claims Appeal Board; Putative Respondent: Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2020
Case Number
HCAL5/2018
Procedural Posture
Judicial Review / Appeal From Refusal of Leave / Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review
Outcome
Summons dismissed; extension of time to appeal refused.
Legal Topics
Extension of Time, Leave to Appeal, Service of Documents, Non Refoulement, Procedural Requirements for Judicial Review
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Extension of Time Leave to Appeal Service of Documents Non Refoulement +1 more

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Parties

Asif Farooq

Applicant

Torture Claims Appeal Board

Putative Respondent

Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Leave / Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Length of delay and justification
  2. 2 Proper service of court documents and responsibility to provide address
  3. 3 Whether there is a realistic prospect of success in the intended appeal

Ratio Decidendi

Applicant failed to give an acceptable explanation for the delay and for non-receipt of court documents which were presumed delivered; the underlying application lacked merit and did not raise a realistic prospect of success; considering the statutory factors (delay, reasons, prospects, prejudice) it was not in the interests of justice to grant an extension of time, so the summons dated 29 July 2020 is dismissed.

Court Disposition

Summons dismissed; extension of time to appeal refused.

Orders

  • The applicant's summons dated 29 July 2020 is dismissed.
  • No extension of time to appeal is granted.