BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

The summons for an extension of time to appeal was dismissed because the applicant failed to provide a reasonable explanation for the approximately 17 month delay and there was no real prospect of success in the intended appeal; the applicant was also absent at the hearing.

Source-derived case information.

Citation
[2019] HKCFI 1988
Parties
Applicant: Hossain Mohammad Rahat; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2019
Case Number
HCAL368/2017
Procedural Posture
Extension of Time to Appeal / Application for Extension of Time to Appeal Interlocutory Order
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Extension of Time, Judicial Review, Non Refoulement, Credibility Findings, Leave to Apply for Judicial Review, Appeal Time Limits
Source Language
en
Constitutional and Administrative Law Immigration Human Rights Extension of Time Judicial Review Non Refoulement Credibility Findings Leave to Apply for Judicial Review +1 more

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Parties

Hossain Mohammad Rahat

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration / Non-refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

Extension of Time to Appeal / Application for Extension of Time to Appeal Interlocutory Order

Legal Issues

  1. 1 Whether to grant extension of time to appeal an interlocutory order refusing leave to apply for judicial review
  2. 2 Whether the applicant provided a reasonable explanation for a delay of approximately 17 months
  3. 3 Whether the intended appeal has a real prospect of success

Ratio Decidendi

The summons for an extension of time to appeal was dismissed because the applicant failed to provide a reasonable explanation for the approximately 17 month delay and there was no real prospect of success in the intended appeal; the applicant was also absent at the hearing.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • The applicant's summons dated 2 July 2019 is dismissed.