LE VAN TRUYEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Six‑day delay lacked valid explanation; the intended appeal had no realistic prospect given the Board and Director found the non‑refoulement claim unsubstantiated; applying established factors, extension of time was refused and the application dismissed.
Source-derived case information.
- Citation
- [2026] HKCFI 2650
- Parties
- Applicant: Le Van Truyen; 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
- 20 May 2026
- Case Number
- HCAL671/2022
- Procedural Posture
- Judicial Review Application (leave to Apply) / Application for Extension of Time to Appeal (out of Time by 6 Days)
- Outcome
- Application for extension of time refused; application dismissed.
- Legal Topics
- Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Credibility Assessment, Procedure — Deemed Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Le Van Truyen
Applicant
Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Putative Respondent
Director of Immigration
Putative Interested Party
Procedural Posture
Judicial Review Application (leave to Apply) / Application for Extension of Time to Appeal (out of Time by 6 Days)
Legal Issues
- 1 Whether to extend time for filing an appeal out of time
- 2 Whether the intended appeal has a realistic prospect of success
- 3 Whether applicant provided valid reasons for delay
Ratio Decidendi
Six‑day delay lacked valid explanation; the intended appeal had no realistic prospect given the Board and Director found the non‑refoulement claim unsubstantiated; applying established factors, extension of time was refused and the application dismissed.
Court Disposition
Application for extension of time refused; application dismissed.
Orders
- Extension of time refused
- Application dismissed
Full Case Text
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