RE MD ALI ASGHER
The application for an extension of time was refused because the applicant failed to demonstrate a valid explanation for the delay (having had the month of August to seek advice), produced no supporting particulars or documentary evidence, and there was no prospect of success in the intended judicial review given...
Source-derived case information.
- Citation
- [2019] HKCFI 2727
- Parties
- Applicant: Md Ali Asgher; Respondent: Board
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 25 November 2019
- Case Number
- HCAL259/2018
- Procedural Posture
- Judicial Review (constitutional and Administrative Law) / Application for Extension of Time/leave to Apply for Judicial Review
- Outcome
- Application for extension of time refused
- Legal Topics
- Extension of Time, Leave to Apply, Procedural Unfairness, Delay, Prospect of Success
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Md Ali Asgher
Applicant
Board
Respondent
Procedural Posture
Judicial Review (constitutional and Administrative Law) / Application for Extension of Time/leave to Apply for Judicial Review
Legal Issues
- 1 Whether there was error of law or procedural unfairness in the Board's process or decision
- 2 Whether the applicant provided a valid explanation for the delay to justify an extension of time
- 3 Whether there was a reasonable prospect of success in the intended judicial review application
Ratio Decidendi
The application for an extension of time was refused because the applicant failed to demonstrate a valid explanation for the delay (having had the month of August to seek advice), produced no supporting particulars or documentary evidence, and there was no prospect of success in the intended judicial review given the absence of reasonably arguable grounds.
Court Disposition
Application for extension of time refused
Orders
- Application for extension of time refused
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCAL 259/2018 [2019] HKCFI 2727 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST 259 OF 2018 _____________ RE: Md Ali Asgher Applicant _____________ Before: Deputy High Court Judge Bruno Chan in Chambers Date of Hearing: 2 October 2019 Date of Decision: 25 November 2019 DECISION On 19 dy been found by the Court as reasonably arguable, and that there was no error of law or procedural unfairness in his process before the Board or in its decision, nor was there any prospect of success in his intended application. The Applicant now by a summons issued on 9 ificant, for which he explained in his affirmation that he was unable to get enough time to seek legal advice to get some knowledge about the court proceedings , when in fact he did have the entire month of August during the Summer Vacation to do so. As such and in the absence of any further particulars or supporting documentary evidence, I am not satisfied that he has provided a valid reason for his delay, albeit an insubstantial one. ~zqzib hCkE hCkE h.FR hCkE gdCkE gd+\ gd+\ gd+\ gd+\ gd+\ }vok`k hCkE gd+\ gd+\ gd+\ {ha{ h9ie h9ie h9ie h9ie h5w1 h5w1 ht8\ h9ie h9ie h9ie h5w1 h9ie gd+\ :p+\ & #$ & #$ [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> &tBL _V5i High Court CACC 283-2007.dot Windows User Microsoft Office Word 8mki Judiciary Hong Kong Title <?xml version="1.0" encoding="UTF-8" standalone="no"?><b:Sources SelectedStyle="\APA.XSL" StyleName="APA" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"></b:Sources> <?xml version="1.0" encoding="UTF-8" standalone="no"?> <ds:datastoreItem ds:itemID="{FD21607D-5AE9-4D5D-8271-B113A40E286E}" xmlns:ds="http://schemas.openxmlformats.org/officeDocument/2006/customXml"><ds:schemaRefs><ds:schemaRef ds:uri="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"/></ds:schemaRefs></ds:datastoreItem> Microsoft Word 97-2003 Document MSWordDoc Word.Document.8