有關 BUI HUU TUAN 的事宜

有關 BUI HUU TUAN 的事宜

The court denied leave because the applicant failed to provide substantive grounds or an adequate explanation for delay and did not demonstrate that the proposed appeal involved issues of general or public importance as required by s22(1)(b), therefore leave to appeal to the Court of Final Appeal is not justified.

Source-derived case information.

Citation
[2023] HKCA 429
Parties
Applicant: BUI HUU TUAN; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 March 2023
Case Number
CAMP108/2022
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Leave Application Following Court of Appeal Refusal of Extension of Time
Outcome
Leave to appeal to the Court of Final Appeal refused; application dismissed.
Legal Topics
Judicial Review, Leave to Appeal, Extension of Time, Non Refoulement
Source Language
ch
Administrative Law Immigration Law Constitutional Law Human Rights Judicial Review Leave to Appeal Extension of Time Non Refoulement

Source-derived case record

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Parties

BUI HUU TUAN

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Leave Application Following Court of Appeal Refusal of Extension of Time

  1. 1 Whether the applicant satisfied s22(1)(b) of the Court of Final Appeal Ordinance for leave to appeal
  2. 2 Whether the applicant provided a reasonable explanation for delay and grounds justifying extension of time
  3. 3 Whether the proposed appeal raises a matter of general or public importance warranting determination by the Court of Final Appeal

Ratio Decidendi

The court denied leave because the applicant failed to provide substantive grounds or an adequate explanation for delay and did not demonstrate that the proposed appeal involved issues of general or public importance as required by s22(1)(b), therefore leave to appeal to the Court of Final Appeal is not justified.

Court Disposition

Leave to appeal to the Court of Final Appeal refused; application dismissed.

Orders

  • Leave to appeal to the Court of Final Appeal refused.
  • The Notice of Motion filed 14 November 2022 is struck out.