MONIRUL ISLAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MONIRUL ISLAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The summons to extend time was dismissed because the applicant failed to attend and offer any explanation for the delay and because the underlying proceedings were found to lack merit, so there was no justification to exercise the court's discretion to extend time.

Citation
[2019] HKCFI 1554
Parties
Applicant: Monirul Islam; 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
30 May 2019
Case Number
HCAL798/2017
Procedural Posture
Judicial Review Appeal/extension of Time to Apply for Judicial Review / Application to Extend Time to Appeal (summons Dismissed in Chambers)
Outcome
Summons dismissed
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Non Refoulement, Procedural Default/failure to Appear
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Extension of Time Leave to Appeal Judicial Review Non Refoulement Procedural Default/failure to Appear

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Parties

Monirul Islam

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Appeal/extension of Time to Apply for Judicial Review / Application to Extend Time to Appeal (summons Dismissed in Chambers)

Legal Issues

  1. 1 Whether to grant an extension of time to appeal a refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided an explanation for delay
  3. 3 Whether the underlying merits justify exercise of the court's discretion to extend time

Ratio Decidendi

The summons to extend time was dismissed because the applicant failed to attend and offer any explanation for the delay and because the underlying proceedings were found to lack merit, so there was no justification to exercise the court's discretion to extend time.

Court Disposition

Summons dismissed

Orders

  • Summons dated 3 April 2019 dismissed