DHARA MINU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

DHARA MINU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Refusal of extension of time because the applicant offered no valid reason for the delay (decision deemed received), the delay was minimal but unjustified, and the intended appeal lacked realistic prospect of success given the Board's adverse credibility findings and availability of state protection/internal relocation.

Citation
[2026] HKCFI 859
Parties
Applicant: Dhara Minu; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 February 2026
Case Number
HCAL1205/2025
Procedural Posture
Leave to Apply for Judicial Review; Appeal Against Refusal of Leave / Application for Extension of Time to Appeal (out of Time by 2 Days)
Outcome
Application for extension of time refused; application dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Deemed Service, Credibility Findings, State Protection and Internal Relocation, Permission to Appeal
Source Language
EN
Constitutional and Administrative Law Immigration Law Non Refoulement Civil Procedure Extension of Time Leave to Apply for Judicial Review Deemed Service Credibility Findings +2 more

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Parties

Dhara Minu

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review; Appeal Against Refusal of Leave / Application for Extension of Time to Appeal (out of Time by 2 Days)

Legal Issues

  1. 1 Whether to extend time for filing a notice of appeal
  2. 2 Whether the applicant received the Court's decision (deemed service)
  3. 3 Whether the intended appeal has a realistic prospect of success

Ratio Decidendi

Refusal of extension of time because the applicant offered no valid reason for the delay (decision deemed received), the delay was minimal but unjustified, and the intended appeal lacked realistic prospect of success given the Board's adverse credibility findings and availability of state protection/internal relocation.

Court Disposition

Application for extension of time refused; application dismissed

Orders

  • Extension of time to file notice of appeal refused
  • Application dismissed