DO THI TUYET 對 TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

DO THI TUYET 對 TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

The application for extension of time to appeal was dismissed because the applicant provided no reasonable explanation for the six-month delay to the Court of Appeal filing and failed to show that the proposed appeal had a real prospect of success; the lower court judge and the Appeal Board committed no legal or...

Source-derived case information.

Citation
[2022] HKCA 1544
Parties
Applicant: Do Thi Tuyet; Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 October 2022
Case Number
CAMP143/2022
Procedural Posture
Judicial Review / Application for Extension of Time to Appeal Refusal of Leave / Application for Out of Time Leave to Appeal to Court of Appeal
Outcome
application for extension of time to appeal dismissed
Legal Topics
Non Refoulement, Torture Claim, Extension of Time, Leave to Apply for Judicial Review, Article 3 Risk
Source Language
ch
Immigration Human Rights Administrative Law Civil Procedure Non Refoulement Torture Claim Extension of Time Leave to Apply for Judicial Review +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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Do Thi Tuyet

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Judicial Review / Application for Extension of Time to Appeal Refusal of Leave / Application for Out of Time Leave to Appeal to Court of Appeal

  1. 1 Whether to grant extension of time to file an appeal
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the lower court committed legal or procedural error

Ratio Decidendi

The application for extension of time to appeal was dismissed because the applicant provided no reasonable explanation for the six-month delay to the Court of Appeal filing and failed to show that the proposed appeal had a real prospect of success; the lower court judge and the Appeal Board committed no legal or procedural error warranting intervention.

Court Disposition

application for extension of time to appeal dismissed

Orders

  • Application for extension of time to appeal dismissed
  • Leave to appeal out of time refused