有闗VU THI SUU的事宜

有闗VU THI SUU的事宜

Extension was refused because the applicant failed to demonstrate reasonable prospects of success on the merits of the proposed judicial review and did not identify any legal or procedural error in the Appeal Board's decision; consequently the delay could not be excused and the extension application was dismissed.

Source-derived case information.

Citation
[2021] HKCA 986
Parties
Applicant/appellant: Vu Thi Suu; Respondent: Director of Immigration; Respondent: Immigration Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 July 2021
Case Number
CAMP199/2020
Procedural Posture
Judicial Review/immigration Non‑refoulement Appeal and Extension of Time Application / Application for Extension of Time to Bring Proposed Appeal (renewal of Extension)
Outcome
Application for extension of time dismissed; originating summons of 29 October 2020 struck out/dismissed.
Legal Topics
Extension of Time to Appeal, Leave to Apply for Judicial Review, Non‑refoulement/torture Risk, Standard of Review, Credibility and Merits Assessment
Source Language
ch
Immigration Law Administrative Law Human Rights Law Procedural Law Extension of Time to Appeal Leave to Apply for Judicial Review Non‑refoulement/torture Risk Standard of Review +1 more

Source-derived case record

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Parties

Vu Thi Suu

Applicant/appellant

Director of Immigration

Respondent

Immigration Appeal Board

Respondent

Procedural Posture

Judicial Review/immigration Non‑refoulement Appeal and Extension of Time Application / Application for Extension of Time to Bring Proposed Appeal (renewal of Extension)

  1. 1 Whether extension of time to bring the proposed appeal should be granted
  2. 2 Whether the proposed judicial review/appeal has a reasonable prospect of success
  3. 3 Whether the Immigration Appeal Board or the Director of Immigration erred in law or in procedure

Ratio Decidendi

Extension was refused because the applicant failed to demonstrate reasonable prospects of success on the merits of the proposed judicial review and did not identify any legal or procedural error in the Appeal Board's decision; consequently the delay could not be excused and the extension application was dismissed.

Court Disposition

Application for extension of time dismissed; originating summons of 29 October 2020 struck out/dismissed.

Orders

  • Dismissal of application to extend time to bring the proposed appeal
  • Originating summons dated 29 October 2020 vacated/struck out