BUI THI THIEU 對 TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

BUI THI THIEU 對 TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The application for permission to appeal was dismissed because it was filed two days late without a satisfactory explanation and the applicant failed to demonstrate any arguable error in the Court of Appeal's decision or that the issues raised are of great and general or public importance; accordingly no extension...

Source-derived case information.

Citation
[2022] HKCA 1221
Parties
Applicant: Bui Thi Thieu; Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 August 2022
Case Number
CACV450/2021
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal (leave Application)
Outcome
Permission to appeal to the Court of Final Appeal refused; notice of motion dismissed.
Legal Topics
Non Refoulement, Torture, Judicial Review, Leave to Appeal, Time Limits
Source Language
ch
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Judicial Review Leave to Appeal +1 more

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Parties

Bui Thi Thieu

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal (leave Application)

  1. 1 Whether the applicant's notice of motion for permission to appeal was filed out of time and whether the delay should be extended
  2. 2 Whether the appeal involves a question of great and general importance or public importance under s22(1)(b) of the Court of Final Appeal Ordinance
  3. 3 Whether there are arguable errors in the Court of Appeal's decision sufficient to warrant leave to appeal to the Court of Final Appeal

Ratio Decidendi

The application for permission to appeal was dismissed because it was filed two days late without a satisfactory explanation and the applicant failed to demonstrate any arguable error in the Court of Appeal's decision or that the issues raised are of great and general or public importance; accordingly no extension or leave was granted.

Court Disposition

Permission to appeal to the Court of Final Appeal refused; notice of motion dismissed.

Orders

  • Application dated 29 April 2022 for permission to appeal to the Court of Final Appeal dismissed.