HASSAN ALI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

HASSAN ALI v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the applicant failed to provide a reasonable excuse for the delay and the intended appeal lacked any real prospect of success given the TCAB adjudicator's detailed reasons and credibility findings.

Citation
[2019] HKCFI 2327
Parties
Applicant: Hassan Ali; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2019
Case Number
HCAL1677/2018
Procedural Posture
Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Application for Extension of Time to Appeal
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Credibility Findings, Procedural Fairness
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Extension of Time Leave to Apply for Judicial Review Non Refoulement Credibility Findings +1 more

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Parties

Hassan Ali

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether to grant extension of time to appeal an interlocutory order
  2. 2 Whether the applicant provided a reasonable excuse for delay
  3. 3 Whether the intended appeal has any real prospect of success or discloses an error of law or procedural unfairness by the TCAB adjudicator

Ratio Decidendi

Extension of time refused because the applicant failed to provide a reasonable excuse for the delay and the intended appeal lacked any real prospect of success given the TCAB adjudicator's detailed reasons and credibility findings.

Court Disposition

Application for extension of time dismissed

Orders

  • Applicant's summons dated 26 July 2019 dismissed