RE MUHAMMAD ARFAN

RE MUHAMMAD ARFAN

Extension of time was refused because the delay (almost six weeks) was substantial, the applicant's reasons (ignorance of the 14‑day rule and need for assistance) were inadequate, he failed to produce draft grounds or identify any error in the decision, and there was no reasonable prospect of success in the intended appeal.

Citation
[2021] HKCFI 818
Parties
Applicant: Muhammad Arfan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2021
Case Number
HCAL795/2018
Procedural Posture
Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Summons for Extension of Time
Outcome
Application for extension of time to appeal refused; summons dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non‑refoulement, Procedural Fairness, Prospect of Success
Source Language
EN
Administrative Law Immigration Law Constitutional Law Judicial Review Extension of Time Leave to Apply for Judicial Review Non‑refoulement Procedural Fairness +1 more

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Parties

Muhammad Arfan

Applicant

Procedural Posture

Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Summons for Extension of Time

Legal Issues

  1. 1 Whether to extend time to appeal against refusal to grant leave to apply for judicial review
  2. 2 Whether the applicant's delay is excusable
  3. 3 Whether there is a reasonable prospect of success in the intended appeal

Ratio Decidendi

Extension of time was refused because the delay (almost six weeks) was substantial, the applicant's reasons (ignorance of the 14‑day rule and need for assistance) were inadequate, he failed to produce draft grounds or identify any error in the decision, and there was no reasonable prospect of success in the intended appeal.

Court Disposition

Application for extension of time to appeal refused; summons dismissed.

Orders

  • Refuse application for extension of time to appeal against the decision dated 3 September 2020
  • Dismiss the applicant's summons issued 28 October 2020