RE PEPITO JENETH TANURA AND OTHERS

RE PEPITO JENETH TANURA AND OTHERS

The court refused to extend time and dismissed the application because the applicants failed to provide an adequate explanation for over two months' delay and their proposed judicial review lacked merit; absent a good reason the ordinary three‑month rule was applied.

Citation
[2018] HKCFI 2381
Parties
1st Applicant: Pepito Jeneth Tanura; 2nd Applicant: Ahmed Zainab Iftikhar; 3rd Applicant: Ahmed Ayesha Iftikhar
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 2018
Case Number
HCAL1027/2017
Procedural Posture
Judicial Review (leave to Apply) / Application for Leave to Appeal Against Refusal to Extend Time
Outcome
Application for extension of time refused and the application dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Procedural Time Limits, Torture Claims Appeal Board Determinations
Source Language
EN
Constitutional and Administrative Law Immigration Law Refoulement Judicial Review Extension of Time Leave to Apply for Judicial Review Procedural Time Limits Torture Claims Appeal Board Determinations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pepito Jeneth Tanura

1st Applicant

Ahmed Zainab Iftikhar

2nd Applicant

Ahmed Ayesha Iftikhar

3rd Applicant

Procedural Posture

Judicial Review (leave to Apply) / Application for Leave to Appeal Against Refusal to Extend Time

Legal Issues

  1. 1 Whether the court should extend time for late filing of application for leave to apply for judicial review
  2. 2 Whether applicants provided adequate explanation for delay
  3. 3 Whether the intended challenge had any real prospect of success (merits)

Ratio Decidendi

The court refused to extend time and dismissed the application because the applicants failed to provide an adequate explanation for over two months' delay and their proposed judicial review lacked merit; absent a good reason the ordinary three‑month rule was applied.

Court Disposition

Application for extension of time refused and the application dismissed.

Orders

  • Refused to extend time for late filing of application for leave to apply for judicial review and dismissed the application