NAHID MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

NAHID MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension refused because applicant offered no reasonable explanation for delay, the intended appeal lacked any real prospect of success, and the applicant's refiling amounted to an abuse of process/res judicata; therefore the application for extension of time to appeal was dismissed.

Source-derived case information.

Citation
[2019] HKCFI 2851
Parties
Applicant: Nahid Mohammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2019
Case Number
HCAL142/2017
Procedural Posture
Judicial Review Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Res Judicata, Abuse of Process, Timeliness, Interlocutory Appeal
Source Language
en
Constitutional and Administrative Law Immigration Law Asylum and Non Refoulement Civil Procedure Extension of Time Leave to Apply for Judicial Review Res Judicata Abuse of Process +2 more

Source-derived case record

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Parties

Nahid Mohammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to appeal should be granted under Order 53 r3(4)
  2. 2 Whether applicant provided a reasonable explanation for delay
  3. 3 Whether the intended appeal has any real prospect of success

Ratio Decidendi

Extension refused because applicant offered no reasonable explanation for delay, the intended appeal lacked any real prospect of success, and the applicant's refiling amounted to an abuse of process/res judicata; therefore the application for extension of time to appeal was dismissed.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • Application for extension of time to appeal dismissed