HARWINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HARWINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the applicant provided no explanation for the one-day delay, identified no arguable grounds of appeal, the underlying non-refoulement claim lacked merit such that the proposed appeal had no reasonable prospect of success, and in all the circumstances granting an extension would not be in the interests of justice.

Citation
[2020] HKCFI 2238
Parties
Applicant: Harwinder Singh; Putative Respondent: TORTURE CLAIMS APPEAL BOARD; Putative Interested Party: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2020
Case Number
HCAL1023/2017
Procedural Posture
Judicial Review Arising From Non Refoulement (convention Against Torture) / Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review
Outcome
Application for extension of time dismissed; extension of time to appeal refused; summons dated 17 July 2020 dismissed.
Legal Topics
Non Refoulement (article 3 Cat), Leave to Apply for Judicial Review, Extension of Time for Appeal, Time Limits and Procedural Compliance, Scope of Judicial Review Vs Merits Appeal
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Civil Procedure Non Refoulement (article 3 Cat) Leave to Apply for Judicial Review Extension of Time for Appeal Time Limits and Procedural Compliance +1 more

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Parties

Harwinder Singh

Applicant

TORTURE CLAIMS APPEAL BOARD

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

Judicial Review Arising From Non Refoulement (convention Against Torture) / Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether to grant extension of time to appeal one day out of time against refusal of leave
  2. 2 Whether applicant provided satisfactory explanation for delay
  3. 3 Whether the intended appeal has a reasonable prospect of success or is an impermissible merits rehearing

Ratio Decidendi

Extension of time refused because the applicant provided no explanation for the one-day delay, identified no arguable grounds of appeal, the underlying non-refoulement claim lacked merit such that the proposed appeal had no reasonable prospect of success, and in all the circumstances granting an extension would not be in the interests of justice.

Court Disposition

Application for extension of time dismissed; extension of time to appeal refused; summons dated 17 July 2020 dismissed.

Orders

  • The applicant’s summons dated 17 July 2020 is dismissed.