EHSAAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

EHSAAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The summons for an extension of time was dismissed because the applicant failed to provide an acceptable explanation for the delay, failed to maintain a reliable address for service, and the intended appeal had no reasonable prospect of success because the underlying judicial review application lacked any ascertainable grounds; accordingly extension would not be in the interests of justice.

Citation
[2020] HKCFI 2913
Parties
Applicant: EHSAAN MUHAMMAD; Putative Respondent: TORTURE CLAIMS APPEAL BOARD; Putative Interested Party: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2020
Case Number
HCAL765/2017
Procedural Posture
Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision (summons Dismissed)
Outcome
Summons dismissed; extension of time refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Article 3 CAT, Procedural Compliance (service/address)
Source Language
EN
Administrative Law Immigration Law Constitutional Law International Law (non Refoulement) Extension of Time Leave to Apply for Judicial Review Non Refoulement Article 3 CAT +1 more

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Parties

EHSAAN MUHAMMAD

Applicant

TORTURE CLAIMS APPEAL BOARD

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision (summons Dismissed)

Legal Issues

  1. 1 Whether to grant extension of time to appeal a refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided an acceptable explanation for the delay
  3. 3 Whether the intended appeal has a reasonable prospect of success

Ratio Decidendi

The summons for an extension of time was dismissed because the applicant failed to provide an acceptable explanation for the delay, failed to maintain a reliable address for service, and the intended appeal had no reasonable prospect of success because the underlying judicial review application lacked any ascertainable grounds; accordingly extension would not be in the interests of justice.

Court Disposition

Summons dismissed; extension of time refused

Orders

  • The applicant's summons dated 9 September 2020 is dismissed.