MD SERAJUL MUNIR alias MUNIR ABMS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MD SERAJUL MUNIR alias MUNIR ABMS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time was refused because the applicant was deemed to have received the Court's decision (it was sent to his last known address and not returned), the four-month delay lacked a valid explanation and the intended appeal had no realistic prospect of success given the Board's adverse evaluation of the claim and internal relocation finding.

Citation
[2024] HKCFI 1420
Parties
Applicant: Md Serajul Murir alias Muir Abms; 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
14 June 2024
Case Number
HCAL1225/2019
Procedural Posture
Judicial Review of Torture Claims Appeal Board Decision in Non Refoulement Proceedings / Application for Extension of Time to Appeal (application Dismissed)
Outcome
Application for extension of time to appeal dismissed; leave to apply for judicial review previously dismissed
Legal Topics
Extension of Time, Service of Court Decisions, Non Refoulement, Credibility Findings, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Human Rights Law Extension of Time Service of Court Decisions Non Refoulement Credibility Findings +1 more

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Parties

Md Serajul Murir alias Muir Abms

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review of Torture Claims Appeal Board Decision in Non Refoulement Proceedings / Application for Extension of Time to Appeal (application Dismissed)

Legal Issues

  1. 1 Whether to extend time for appeal against dismissal of leave to apply for judicial review
  2. 2 Whether the applicant was deemed to have received the Court's decision
  3. 3 Whether the intended appeal has a realistic prospect of success

Ratio Decidendi

Extension of time was refused because the applicant was deemed to have received the Court's decision (it was sent to his last known address and not returned), the four-month delay lacked a valid explanation and the intended appeal had no realistic prospect of success given the Board's adverse evaluation of the claim and internal relocation finding.

Court Disposition

Application for extension of time to appeal dismissed; leave to apply for judicial review previously dismissed

Orders

  • Refusal to extend time for appeal; application dismissed