有關 NGUYEN THI DONG 的事宜

有關 NGUYEN THI DONG 的事宜

The extension was refused because the applicant's delay (over four months) was serious and unexplained, and the proposed appeal had no real prospect of success since the applicant failed to show any legal error or procedural unfairness in the original judge's decision; accordingly the application to extend time was...

Source-derived case information.

Citation
[2022] HKCA 1716
Parties
Applicant: NGUYEN THI DONG; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 November 2022
Case Number
CAMP146/2022
Procedural Posture
Immigration Judicial Review/appeal Extension Application / Application to Extend Appeal Deadline (renewed)
Outcome
Application to extend time refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non‑refoulement, Risk of Torture, Procedural Fairness, Oral Hearing
Source Language
ch
Immigration Law Administrative Law Civil Procedure Human Rights Law Extension of Time Leave to Apply for Judicial Review Non‑refoulement Risk of Torture +2 more

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Parties

NGUYEN THI DONG

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Immigration Judicial Review/appeal Extension Application / Application to Extend Appeal Deadline (renewed)

  1. 1 Whether to grant an extension of the 14‑day appeal period
  2. 2 Whether the applicant provided an adequate explanation for the delay
  3. 3 Whether the proposed appeal has a real prospect of success

Ratio Decidendi

The extension was refused because the applicant's delay (over four months) was serious and unexplained, and the proposed appeal had no real prospect of success since the applicant failed to show any legal error or procedural unfairness in the original judge's decision; accordingly the application to extend time was dismissed and the originating summons of 10 May 2022 was set aside.

Court Disposition

Application to extend time refused

Orders

  • Refuse application to extend the 14‑day appeal period
  • Set aside/dismiss originating summons dated 10 May 2022