MANJIT KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MANJIT KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension refused because the applicant had a substantial and inadequately explained delay and the intended appeal had no prospect of success, causing prejudice to respondents and risk of abuse to the non‑refoulement system.

Citation
[2023] HKCFI 1095
Parties
Applicant: Manjit Kaur; 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
26 April 2023
Case Number
HCAL511/2022
Procedural Posture
Extension of Time to Appeal / Decision on Extension Application
Outcome
Application for extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Procedural Fairness, Abuse of Process, Statutory Time Limits
Source Language
EN
Constitutional and Administrative Law Immigration Law Public International Law Civil Procedure Extension of Time Leave to Apply for Judicial Review Non Refoulement Procedural Fairness +2 more

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Parties

Manjit Kaur

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Extension of Time to Appeal / Decision on Extension Application

Legal Issues

  1. 1 Length and explanation for delay
  2. 2 Prospect of success of intended appeal
  3. 3 Prejudice to respondent and public administration

Ratio Decidendi

Extension refused because the applicant had a substantial and inadequately explained delay and the intended appeal had no prospect of success, causing prejudice to respondents and risk of abuse to the non‑refoulement system.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Summons for extension of time to appeal refused