有關NGUYEN THI HONG THUY及另一人的事宜

有關NGUYEN THI HONG THUY及另一人的事宜

Refusal to extend time was justified because the applicants were significantly late without explanation, their proposed grounds of appeal lacked real prospects of success given the Appeal Board's reasonable factual conclusions, and there were no discernible minor‑specific grounds warranting rehearing or...

Source-derived case information.

Citation
[2024] HKCA 1172
Parties
First Applicant: Nguyen Thi Hong Thuy; Second Applicant (minor): Nguyen Gia Han; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 December 2024
Case Number
CAMP261/2022
Procedural Posture
Judicial Review / Application for Extension of Time to Appeal / Application to Set Aside Refusal of Extension and for Leave to Bring Time‑barred Appeal (dismissed)
Outcome
Application dismissed; extension of time refused and summons of 19 July 2022 set aside
Legal Topics
Non‑refoulement, Torture Claim, Extension of Time to Appeal, Leave for Judicial Review, Representation of Minors
Source Language
ch
Immigration Law Administrative Law Human Rights Law Child Law Non‑refoulement Torture Claim Extension of Time to Appeal Leave for Judicial Review +1 more

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Parties

Nguyen Thi Hong Thuy

First Applicant

Nguyen Gia Han

Second Applicant (minor)

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Judicial Review / Application for Extension of Time to Appeal / Application to Set Aside Refusal of Extension and for Leave to Bring Time‑barred Appeal (dismissed)

  1. 1 Whether to grant extension of time to appeal out of time
  2. 2 Whether the proposed appeal has realistic prospects of success
  3. 3 Whether special consideration required for a minor claimant not legally represented

Ratio Decidendi

Refusal to extend time was justified because the applicants were significantly late without explanation, their proposed grounds of appeal lacked real prospects of success given the Appeal Board's reasonable factual conclusions, and there were no discernible minor‑specific grounds warranting rehearing or representation; therefore the application to reinstate an out‑of‑time appeal was dismissed.

Court Disposition

Application dismissed; extension of time refused and summons of 19 July 2022 set aside

Orders

  • Dismiss the applicants' application for extension of time to appeal
  • Set aside the summons dated 19 July 2022