RE HAIDER USMAN

RE HAIDER USMAN

Refusal to extend time was justified because the applicant's delay of more than six weeks was inordinate, his explanation (detention and mail delays) was unsupported and insufficient, he failed to provide particularised or arguable grounds of appeal, did not attend the hearing, and there was no reasonable prospect of success, making extension futile.

Citation
[2022] HKCFI 1281
Parties
Applicant: Haider Usman; Respondent (board): Torture Claims Appeal Board; Respondent (director): Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2022
Case Number
HCAL363/2019
Procedural Posture
Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Summons for Extension of Time (in Chambers)
Outcome
Application for extension of time to appeal refused and summons dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Delay and Procedural Compliance, Prospects of Success, Procedural Fairness
Source Language
EN
Constitutional and Administrative Law Immigration Law Asylum / Non Refoulement Law Extension of Time Leave to Apply for Judicial Review Delay and Procedural Compliance Prospects of Success Procedural Fairness

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Parties

Haider Usman

Applicant

Torture Claims Appeal Board

Respondent (board)

Director of Immigration

Respondent (director)

Procedural Posture

Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Summons for Extension of Time (in Chambers)

Legal Issues

  1. 1 Whether to extend time for appeal against refusal of leave to apply for judicial review
  2. 2 Length and reason for delay
  3. 3 Whether there are reasonably arguable grounds / prospects of success

Ratio Decidendi

Refusal to extend time was justified because the applicant's delay of more than six weeks was inordinate, his explanation (detention and mail delays) was unsupported and insufficient, he failed to provide particularised or arguable grounds of appeal, did not attend the hearing, and there was no reasonable prospect of success, making extension futile.

Court Disposition

Application for extension of time to appeal refused and summons dismissed

Orders

  • Refuse application for extension of time to appeal
  • Dismiss the summons seeking extension of time to appeal