LE CONG MANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

LE CONG MANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The applicant failed to demonstrate any realistic prospect of success in the intended appeal because the Board's adverse credibility findings and its conclusions that state protection and internal relocation were viable rendered the appeal hopeless; given the length of delay (over one year) and lack of prospects, extension of time was refused.

Citation
[2023] HKCFI 2110
Parties
Applicant: Le Cong Manh; 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
25 August 2023
Case Number
HCAL208/2023
Procedural Posture
Application for Extension of Time to File Notice of Appeal From Refusal of Non Refoulement Claim (judicial Review Context) / Decision on Extension of Time (application Dismissed)
Outcome
Application for extension of time to file notice of appeal refused; application dismissed.
Legal Topics
Extension of Time, Judicial Review, Non Refoulement, Credibility Findings, Internal Relocation, State Protection, Appeal Prospects
Source Language
EN
Constitutional and Administrative Law Immigration Law Asylum and Non Refoulement Extension of Time Judicial Review Non Refoulement Credibility Findings Internal Relocation +2 more

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Parties

Le Cong Manh

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Extension of Time to File Notice of Appeal From Refusal of Non Refoulement Claim (judicial Review Context) / Decision on Extension of Time (application Dismissed)

Legal Issues

  1. 1 Whether to grant extension of time to file a notice of appeal more than one year late
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's credibility findings and conclusions on state protection/internal relocation render the appeal hopeless

Ratio Decidendi

The applicant failed to demonstrate any realistic prospect of success in the intended appeal because the Board's adverse credibility findings and its conclusions that state protection and internal relocation were viable rendered the appeal hopeless; given the length of delay (over one year) and lack of prospects, extension of time was refused.

Court Disposition

Application for extension of time to file notice of appeal refused; application dismissed.

Orders

  • Extension of time refused
  • Application dismissed