有關 DONG XUAN CHINH 的事宜

有關 DONG XUAN CHINH 的事宜

Delay of six days was unexplained; the applicant failed to identify any legal error or arguable ground that gives his proposed appeal a real prospect of success; accordingly there was no basis to exercise discretion to extend time and the application was dismissed.

Source-derived case information.

Citation
[2023] HKCA 139
Parties
Applicant: DONG XUAN CHINH; Respondent: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 February 2023
Case Number
CAMP46/2022
Procedural Posture
Judicial Review / Immigration (non Refoulement) / Application for Extension of Time to Appeal (on Papers)
Outcome
Application for extension of time refused; originating summons filed 9 February 2022 dismissed.
Legal Topics
Non Refoulement, Torture Risk, Extension of Time, Leave to Appeal, Judicial Review, Standard of Review
Source Language
ch
Administrative Law Immigration Law Human Rights Law Civil Procedure Non Refoulement Torture Risk Extension of Time Leave to Appeal +2 more

Source-derived case record

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Parties

DONG XUAN CHINH

Applicant

Director of Immigration

Respondent

Procedural Posture

Judicial Review / Immigration (non Refoulement) / Application for Extension of Time to Appeal (on Papers)

  1. 1 Whether to extend time for appeal against refusal of leave to apply for judicial review
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the applicant provided an adequate explanation for the delay

Ratio Decidendi

Delay of six days was unexplained; the applicant failed to identify any legal error or arguable ground that gives his proposed appeal a real prospect of success; accordingly there was no basis to exercise discretion to extend time and the application was dismissed.

Court Disposition

Application for extension of time refused; originating summons filed 9 February 2022 dismissed.

Orders

  • Application to extend time to appeal refused
  • Originating summons dated 9 February 2022 dismissed