NGUYEN THI DAN 對 酷刑聲請上訴委員會／免遣返聲請呈請辦事處

NGUYEN THI DAN 對 酷刑聲請上訴委員會／免遣返聲請呈請辦事處

The Court refused permission because the application was filed out of time without sufficient reasonable explanation for the delay and, even if timely, disclosed no arguable grounds nor raised any question of general or public importance required by s22(1)(b) Cap.484 to justify a grant of permission to appeal to the...

Source-derived case information.

Citation
[2021] HKCA 752
Parties
Applicant: Nguyen Thi Dan; Respondent: Torture Claims Appeal Board / Non-refoulement Claim Office; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 May 2021
Case Number
CACV306/2020
Procedural Posture
Application for Permission to Appeal to the Court of Final Appeal From a Civil Appeal Judgment of the Court of Appeal / Application for Leave to Appeal (motion Filed); Decided on Paper by Court of Appeal
Outcome
Application for permission to appeal to the Court of Final Appeal refused; Notice of Motion filed 12 March 2021 vacated/dismissed.
Legal Topics
Non Refoulement, Torture Claims, Judicial Review, Leave to Appeal to CFA, Limitation and Extension of Time
Source Language
ch
Immigration Law Administrative Law Constitutional Law Human Rights Civil Procedure Non Refoulement Torture Claims Judicial Review +2 more

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Parties

Nguyen Thi Dan

Applicant

Torture Claims Appeal Board / Non-refoulement Claim Office

Respondent

Director of Immigration

Interested Party

Procedural Posture

Application for Permission to Appeal to the Court of Final Appeal From a Civil Appeal Judgment of the Court of Appeal / Application for Leave to Appeal (motion Filed); Decided on Paper by Court of Appeal

Legal Issues

  1. 1 Whether the Court should extend time to apply for permission to appeal to the Court of Final Appeal under s24(5) of Cap.484
  2. 2 Whether the application discloses any arguable grounds or real prospect of success on appeal
  3. 3 Whether the proposed appeal raises a question of general or public importance under s22(1)(b) of Cap.484

Ratio Decidendi

The Court refused permission because the application was filed out of time without sufficient reasonable explanation for the delay and, even if timely, disclosed no arguable grounds nor raised any question of general or public importance required by s22(1)(b) Cap.484 to justify a grant of permission to appeal to the Court of Final Appeal.

Court Disposition

Application for permission to appeal to the Court of Final Appeal refused; Notice of Motion filed 12 March 2021 vacated/dismissed.

Orders

  • Permission to appeal to the Court of Final Appeal refused.
  • The Notice of Motion filed on 12 March 2021 is dismissed/vacated.