LE DE AN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

LE DE AN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because applicant delayed approximately five and a half months, failed to provide adequate reasons or specify substantiated grounds, and there was no realistic prospect of success; therefore the Board's refusal and the court's prior refusal of leave were upheld.

Citation
[2023] HKCFI 2112
Parties
Applicant: Le De An; 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
HCAL993/2022
Procedural Posture
Extension of Time Application (judicial Review Context) / Decision (determined Without Oral Hearing)
Outcome
Application dismissed; extension of time refused.
Legal Topics
Non‑refoulement, Extension of Time, Leave to Apply for Judicial Review, Appeal Time Limits, Prospect of Success Test
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights (non‑refoulement) Non‑refoulement Extension of Time Leave to Apply for Judicial Review Appeal Time Limits Prospect of Success Test

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Parties

Le De An

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time Application (judicial Review Context) / Decision (determined Without Oral Hearing)

Legal Issues

  1. 1 Whether to grant extension of time for filing notice of appeal
  2. 2 Length and reasons for the delay
  3. 3 Prospect of success of the intended appeal

Ratio Decidendi

Extension of time refused because applicant delayed approximately five and a half months, failed to provide adequate reasons or specify substantiated grounds, and there was no realistic prospect of success; therefore the Board's refusal and the court's prior refusal of leave were upheld.

Court Disposition

Application dismissed; extension of time refused.

Orders

  • Refuse extension of time to file notice of appeal (deadline 18 January 2023).
  • Dismiss the applicant's summons for extension of time.