有關 NGUYEN THI LAN 的事宜

有關 NGUYEN THI LAN 的事宜

The application to extend time was dismissed because the applicant offered an inadequate explanation for a near two‑month delay and failed to demonstrate that the proposed appeal had a real prospect of success given the absence of any legal error, procedural unfairness or irrationality in the Appeal Board's and the...

Source-derived case information.

Citation
[2023] HKCA 852
Parties
Applicant: NGUYEN THI LAN; Respondent: Director of Immigration; Respondent: Immigration Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 July 2023
Case Number
CAMP111/2022
Procedural Posture
Extension of Time to Appeal Against Refusal of Leave for Judicial Review / Application Decided on Papers (no Oral Hearing)
Outcome
Application dismissed
Legal Topics
Judicial Review, Extension of Time to Appeal, Non Refoulement, Procedural Fairness, Merits Assessment
Source Language
ch
Administrative Law Immigration Law Human Rights Judicial Review Extension of Time to Appeal Non Refoulement Procedural Fairness Merits Assessment

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Parties

NGUYEN THI LAN

Applicant

Director of Immigration

Respondent

Immigration Appeal Board

Respondent

Procedural Posture

Extension of Time to Appeal Against Refusal of Leave for Judicial Review / Application Decided on Papers (no Oral Hearing)

  1. 1 Whether the applicant established a satisfactory explanation for the delay
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the original judge or the Appeal Board made an error of law or procedurally unfair decision

Ratio Decidendi

The application to extend time was dismissed because the applicant offered an inadequate explanation for a near two‑month delay and failed to demonstrate that the proposed appeal had a real prospect of success given the absence of any legal error, procedural unfairness or irrationality in the Appeal Board's and the judge's decisions; accordingly extension would be futile.

Court Disposition

Application dismissed

Orders

  • Application to extend time to appeal dismissed
  • Summons dated 19 April 2022 (renewal of out‑of‑time appeal application) set aside