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

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

Refusal of extension: applicant was three days late and gave no reason for the delay; the intended appeal had no realistic prospect of success because the Board, on the evidence, found the claim fabricated and the court will not overturn those factual findings; therefore extension of time is refused and the...

Source-derived case information.

Citation
[2024] HKCFI 2478
Parties
Applicant: Muhammad Jamil; 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
24 September 2024
Case Number
HCAL1559/2020
Procedural Posture
Judicial Review Leave Application / Application for Extension of Time to Appeal (out of Time)
Outcome
Application for extension of time to appeal refused; application dismissed.
Legal Topics
Non Refoulement, Torture Claims, Extension of Time to Appeal, Judicial Review Leave
Source Language
en
Administrative Law Immigration Law Constitutional Law Human Rights Non Refoulement Torture Claims Extension of Time to Appeal Judicial Review Leave

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Parties

Muhammad Jamil

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)

Legal Issues

  1. 1 Whether to grant extension of time to file an appeal
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether the Board's factual findings can be disturbed

Ratio Decidendi

Refusal of extension: applicant was three days late and gave no reason for the delay; the intended appeal had no realistic prospect of success because the Board, on the evidence, found the claim fabricated and the court will not overturn those factual findings; therefore extension of time is refused and the application dismissed.

Court Disposition

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

Orders

  • Refuse extension of time for appeal (applicant 3 days late).
  • Dismiss the application for leave to apply for judicial review.