MUHAMMAD ASEM ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

MUHAMMAD ASEM ALI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the applicant was more than two months out of time, failed to provide a valid reason for the delay or to challenge the Board's factual findings, and the intended appeal had no realistic prospect of success.

Source-derived case information.

Citation
[2024] HKCFI 1951
Parties
Applicant: Muhammad Asem Ali; 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 August 2024
Case Number
HCAL1239/2019
Procedural Posture
Judicial Review Leave Application / Application for Extension of Time to Appeal (out of Time) Dismissed
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Non Refoulement, Extension of Time, Service/deemed Receipt, Prospect of Success, Torture Claims Appeal Board
Source Language
en
Administrative Law Immigration Law Constitutional Law Judicial Review Non Refoulement Extension of Time Service/deemed Receipt Prospect of Success +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Muhammad Asem Ali

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Application for Extension of Time to Appeal (out of Time) Dismissed

Legal Issues

  1. 1 Whether extension of time should be granted
  2. 2 Whether the applicant received the Court's decision (deemed service)
  3. 3 Whether the intended appeal has a realistic prospect of success

Ratio Decidendi

Extension of time refused because the applicant was more than two months out of time, failed to provide a valid reason for the delay or to challenge the Board's factual findings, and the intended appeal had no realistic prospect of success.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Extension of time refused
  • Application dismissed