MAJOR SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MAJOR SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Applicant was 12 days late and has not demonstrated any realistic prospect of success because the Board's adverse findings on credibility and availability of state protection/internal relocation were not successfully challenged; applying the established factors, the court refused to extend time and dismissed the application.

Citation
[2023] HKCFI 1869
Parties
Applicant: Major Singh; 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
1 August 2023
Case Number
HCAL844/2019
Procedural Posture
Extension of Time to File Notice of Appeal Against Refusal of Non Refoulement Claim / In Chambers Decision on Summons for Extension of Time
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Extension of Time, Non Refoulement, Credibility Findings, State Protection, Internal Relocation, Prospect of Appeal
Source Language
EN
Constitutional and Administrative Law Immigration and Asylum Procedural Law Judicial Review Extension of Time Non Refoulement Credibility Findings State Protection +2 more

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Parties

Major Singh

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time to File Notice of Appeal Against Refusal of Non Refoulement Claim / In Chambers Decision on Summons for Extension of Time

Legal Issues

  1. 1 Whether to grant extension of time to file a notice of appeal
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's findings on credibility and availability of state protection/internal relocation are challengeable

Ratio Decidendi

Applicant was 12 days late and has not demonstrated any realistic prospect of success because the Board's adverse findings on credibility and availability of state protection/internal relocation were not successfully challenged; applying the established factors, the court refused to extend time and dismissed the application.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Extension of time to file the notice of appeal refused
  • Application dismissed