有關 BUI VAN TOAN 的事宜

有關 BUI VAN TOAN 的事宜

The application for extension of time was refused because the applicant failed to demonstrate any reasonable prospect of success on the proposed appeal and did not identify any legal error in the Appeal Board's decision; therefore granting an extension would be futile.

Source-derived case information.

Citation
[2022] HKCA 528
Parties
Applicant: BUI VAN TOAN; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 April 2022
Case Number
CAMP274/2021
Procedural Posture
Judicial Review Application to Extend Time to Appeal Against Refusal of Leave / Application to Extend Time to Appeal/permission Stage
Outcome
Application to extend time refused; summons dated 23 July 2021 vacated.
Legal Topics
Non Refoulement, Torture Claim, Extension of Time, Leave to Appeal, Judicial Review
Source Language
ch
Administrative Law Immigration Law Human Rights Procedural Law Non Refoulement Torture Claim Extension of Time Leave to Appeal +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

BUI VAN TOAN

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Judicial Review Application to Extend Time to Appeal Against Refusal of Leave / Application to Extend Time to Appeal/permission Stage

  1. 1 Whether to grant an extension of time to file an appeal
  2. 2 Assessment of the prospects of success of the proposed appeal
  3. 3 Standard of review for Appeal Board/Director of Immigration decisions in torture/immigration claims

Ratio Decidendi

The application for extension of time was refused because the applicant failed to demonstrate any reasonable prospect of success on the proposed appeal and did not identify any legal error in the Appeal Board's decision; therefore granting an extension would be futile.

Court Disposition

Application to extend time refused; summons dated 23 July 2021 vacated.

Orders

  • Application to extend time refused.
  • Summons dated 23 July 2021 vacated.