MULI MARY MUKUI v. TORTURE CLAIMS APPEAL BOARD

MULI MARY MUKUI v. TORTURE CLAIMS APPEAL BOARD

Although the applicant's delay in filing was not intentional, she failed to identify any arguable grounds of appeal or to show errors of law or failures to consider relevant matters; there is no reasonable prospect of success in the intended judicial review and therefore no extension of time should be granted;...

Source-derived case information.

Citation
[2025] HKCFI 4381
Parties
Applicant: Muli Mary Mukui; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2025
Case Number
HCAL105/2020
Procedural Posture
Application for Leave to Appeal Out of Time Against Refusal of Leave to Apply for Judicial Review / Chambers Hearing; Decision on Summons
Outcome
Summons dismissed; application for leave to appeal out of time refused
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Standard of Review, Fact Finding
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Extension of Time Leave to Appeal Judicial Review Standard of Review Fact Finding

Source-derived case record

Summary, issues, holding and outcome

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Parties

Muli Mary Mukui

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Appeal Out of Time Against Refusal of Leave to Apply for Judicial Review / Chambers Hearing; Decision on Summons

Legal Issues

  1. 1 Whether to extend time to appeal a judge's refusal to grant leave to apply for judicial review
  2. 2 Whether the intended judicial review has a reasonable prospect of success
  3. 3 Whether the applicant demonstrated errors of law or failure to take into account relevant matters by the Judge or the Board

Ratio Decidendi

Although the applicant's delay in filing was not intentional, she failed to identify any arguable grounds of appeal or to show errors of law or failures to consider relevant matters; there is no reasonable prospect of success in the intended judicial review and therefore no extension of time should be granted; summons dismissed.

Court Disposition

Summons dismissed; application for leave to appeal out of time refused

Orders

  • The Summons dated 11 July 2025 is dismissed.
  • No extension of time to file the appeal against the order dated 24 June 2025 is granted.