HUSSAIN EJAZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HUSSAIN EJAZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The applicant was more than two months late, offered no valid reason for non-receipt of the Court's decision which was sent to his last known address and deemed received, and the intended appeal had no realistic prospect of success; on that basis extension of time was refused and the application dismissed.

Citation
[2026] HKCFI 639
Parties
Applicant: Hussain Ejaz; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 February 2026
Case Number
HCAL1045/2020
Procedural Posture
Application for Leave to Apply for Judicial Review and Extension of Time to Appeal / Decision on Summons for Extension of Time to Appeal and Dismissal of Application
Outcome
Application for extension of time refused and application dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement Claim, Service and Deemed Receipt, Prospect of Success Test
Source Language
EN
Constitutional and Administrative Law Immigration Law Procedural Law Human Rights Law (non Refoulement) Extension of Time Leave to Apply for Judicial Review Non Refoulement Claim Service and Deemed Receipt +1 more

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Parties

Hussain Ejaz

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review and Extension of Time to Appeal / Decision on Summons for Extension of Time to Appeal and Dismissal of Application

Legal Issues

  1. 1 Whether to extend time for filing notice of appeal
  2. 2 Whether the applicant had a valid reason for delay or non-receipt of the Court's decision
  3. 3 Whether the intended appeal had a realistic prospect of success (merits of non-refoulement claim)

Ratio Decidendi

The applicant was more than two months late, offered no valid reason for non-receipt of the Court's decision which was sent to his last known address and deemed received, and the intended appeal had no realistic prospect of success; on that basis extension of time was refused and the application dismissed.

Court Disposition

Application for extension of time refused and application dismissed

Orders

  • Refuse extension of time for filing notice of appeal
  • Dismiss the applicant's summons/application