LUQMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

LUQMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time was refused because the applicant failed to provide an acceptable explanation for the delay, the court was satisfied service was properly effected at an unchanged address, and the underlying application lacked sufficient merit such that granting an extension would not be in the interests of justice.

Source-derived case information.

Citation
[2019] HKCFI 906
Parties
Applicant: LUQMAN MUHAMMAD; Putative Respondent: TORTURE CLAIMS APPEAL BOARD; Putative Interested Party: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 2019
Case Number
HCAL969/2017
Procedural Posture
Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review (non Refoulement/article 3 Convention Against Torture) / Hearing on Summons for Extension of Time to Appeal; Decision Delivered
Outcome
Summons dated 11 January 2019 dismissed; application for extension of time to appeal refused
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Extension of Time to Appeal, Interlocutory Appeal, Service of Process, Fresh Evidence
Source Language
en
Administrative Law Immigration Law Constitutional/human Rights Law Non Refoulement Leave to Apply for Judicial Review Extension of Time to Appeal Interlocutory Appeal Service of Process +1 more

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Parties

LUQMAN MUHAMMAD

Applicant

TORTURE CLAIMS APPEAL BOARD

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review (non Refoulement/article 3 Convention Against Torture) / Hearing on Summons for Extension of Time to Appeal; Decision Delivered

Legal Issues

  1. 1 Whether to grant extension of time to appeal against a judge's refusal to grant leave to apply for judicial review
  2. 2 Whether the applicant provided a satisfactory explanation for the delay in appealing
  3. 3 Whether newly tendered evidence (2005 acquittal) justifies allowing an out-of-time appeal

Ratio Decidendi

Extension of time was refused because the applicant failed to provide an acceptable explanation for the delay, the court was satisfied service was properly effected at an unchanged address, and the underlying application lacked sufficient merit such that granting an extension would not be in the interests of justice.

Court Disposition

Summons dated 11 January 2019 dismissed; application for extension of time to appeal refused

Orders

  • Summons dated 11 January 2019 dismissed
  • Application for extension of time to appeal refused