有關 LE THI HIEN 的事宜

有關 LE THI HIEN 的事宜

Refusal to extend time: the delay was serious and unexplained, the applicant failed to show the proposed appeal had a real prospect of success because the original judge's decision was supported by fact and reasoned analysis; accordingly there was no basis to grant an extension and the renewal application was...

Source-derived case information.

Citation
[2023] HKCA 41
Parties
Applicant: LE THI HIEN; Respondent: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 January 2023
Case Number
CAMP473/2022
Procedural Posture
Judicial Review / Appeal From Refusal of Leave / Application for Extension of Time to File Appeal; Renewal Application to Court of Appeal
Outcome
Application for extension of time and renewal refused; refusal of leave to apply for judicial review affirmed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Procedural Compliance
Source Language
ch
Administrative Law Immigration Law Human Rights Civil Procedure Extension of Time Leave to Apply for Judicial Review Non Refoulement Procedural Compliance

Source-derived case record

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Parties

LE THI HIEN

Applicant

Director of Immigration

Respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Leave / Application for Extension of Time to File Appeal; Renewal Application to Court of Appeal

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the original judge erred in law or made irrational findings of fact

Ratio Decidendi

Refusal to extend time: the delay was serious and unexplained, the applicant failed to show the proposed appeal had a real prospect of success because the original judge's decision was supported by fact and reasoned analysis; accordingly there was no basis to grant an extension and the renewal application was dismissed.

Court Disposition

Application for extension of time and renewal refused; refusal of leave to apply for judicial review affirmed

Orders

  • Extension of time to file appeal refused
  • Renewal application to the Court of Appeal dismissed