KHAN AZMAT ULLAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT

KHAN AZMAT ULLAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT

The applicant's 28-day delay was substantial and inadequately explained; the withdrawal of the leave application was a deliberate and informed act rendering the application validly withdrawn and the court functus officio; the intended appeal has no prospect of success and granting extension would cause serious...

Source-derived case information.

Citation
[2023] HKCFI 236
Parties
Applicant: Khan Azmat Ullah; 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
2 February 2023
Case Number
HCAL668/2020
Procedural Posture
Judicial Review (application to Re Open Leave Application) / Application for Extension of Time to Appeal
Outcome
Application for extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Re Opening Applications, Non Refoulement, Abuse of Process, Functus Officio
Source Language
en
Administrative Law Constitutional Law Immigration Law Procedural Law Extension of Time Leave to Apply for Judicial Review Re Opening Applications Non Refoulement +2 more

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Parties

Khan Azmat Ullah

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (application to Re Open Leave Application) / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether to grant extension of time to appeal a refusal to re-open a leave application
  2. 2 Whether the applicant's withdrawal of the leave application was a deliberate and informed decision and therefore valid
  3. 3 Whether the intended appeal has any prospect of success

Ratio Decidendi

The applicant's 28-day delay was substantial and inadequately explained; the withdrawal of the leave application was a deliberate and informed act rendering the application validly withdrawn and the court functus officio; the intended appeal has no prospect of success and granting extension would cause serious prejudice, therefore extension of time to appeal is refused.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Application for extension of time to appeal refused