DALJIT BOPARAI v. TORTURE CLAIMS APPEAL BOARD

DALJIT BOPARAI v. TORTURE CLAIMS APPEAL BOARD

Given a minimal delay (3 days), a reasonable explanation (late receipt of judgment posted on 9 July 2019), and the consequences of denying any avenue of appeal, the court exercised its discretion to extend time and grant leave to appeal out of time despite the applicant not specifying detailed grounds of appeal;...

Source-derived case information.

Citation
[2019] HKCFI 2598
Parties
Applicant: Daljit Boparai; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCAL615/2017
Procedural Posture
Judicial Review Application / Application for Leave to Appeal Out of Time After Dismissal of Leave to Apply for Judicial Review
Outcome
Leave to appeal to the Court of Appeal out of time granted.
Legal Topics
Non Refoulement, Leave to Appeal, Extension of Time, Judicial Review, Procedural Timelines
Source Language
en
Administrative Law Immigration Law Constitutional Law Non Refoulement Leave to Appeal Extension of Time Judicial Review Procedural Timelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daljit Boparai

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Application / Application for Leave to Appeal Out of Time After Dismissal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether to extend time to appeal against a decision refusing leave to apply for judicial review
  2. 2 Whether the applicant satisfied the burden to show good prospects of success
  3. 3 Whether the applicant received the judgment in time and whether delay was excusable

Ratio Decidendi

Given a minimal delay (3 days), a reasonable explanation (late receipt of judgment posted on 9 July 2019), and the consequences of denying any avenue of appeal, the court exercised its discretion to extend time and grant leave to appeal out of time despite the applicant not specifying detailed grounds of appeal; applicant must still file notice and supporting affirmation within the timetable ordered.

Court Disposition

Leave to appeal to the Court of Appeal out of time granted.

Orders

  • Applicant is granted leave to appeal the judgment to the Court of Appeal out of time.
  • Applicant to file the notice of appeal and the supporting affirmation within 2 weeks from the date of this judgment.