RE MR. NAHAR SINGH

RE MR. NAHAR SINGH

The Summons was dismissed because the Applicant failed to provide a convincing explanation for the lengthy delay in seeking leave and the intended appeal lacks arguable merit given the Appeal Board's adverse credibility findings and unsubstantiated non-refoulement grounds.

Source-derived case information.

Citation
[2019] HKCFI 318
Parties
Applicant: Mr. Nahar Singh
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2019
Case Number
HCAL601/2017
Procedural Posture
Judicial Review (non Refoulement) / Application for Leave to Appeal Out of Time (summons to Extend Time)
Outcome
Summons dismissed; leave to appeal out of time refused.
Legal Topics
Non Refoulement, Leave to Appeal Out of Time, Extension of Time, Credibility Findings, Service of Documents, Oral Hearing Request
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Asylum Law Non Refoulement Leave to Appeal Out of Time Extension of Time +3 more

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Parties

Mr. Nahar Singh

Applicant

Procedural Posture

Judicial Review (non Refoulement) / Application for Leave to Appeal Out of Time (summons to Extend Time)

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the Applicant received service of the Form CALL-1 and the Order
  3. 3 Whether the Applicant has provided a convincing explanation for delay

Ratio Decidendi

The Summons was dismissed because the Applicant failed to provide a convincing explanation for the lengthy delay in seeking leave and the intended appeal lacks arguable merit given the Appeal Board's adverse credibility findings and unsubstantiated non-refoulement grounds.

Court Disposition

Summons dismissed; leave to appeal out of time refused.

Orders

  • Summons dismissed.