NGUYEN THI TUYET LE 對 酷刑聲請上訴委員會

NGUYEN THI TUYET LE 對 酷刑聲請上訴委員會

The application for permission to file an out‑of‑time appeal was refused because the applicant was seriously delayed without reasonable explanation, the court had mailed judgment to the address provided, the applicant failed to notify any change of address, and the proposed appeal disclosed no real prospect of...

Source-derived case information.

Citation
[2022] HKCA 115
Parties
Applicant: Nguyen Thi Tuyet Le; Respondent: Torture Claims Appeal Board; Interested Party: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
31 January 2022
Case Number
CAMP196/2021
Procedural Posture
Application for Permission to File Out‑of‑time Appeal Against Refusal of Judicial Review Leave / Application to Set Aside Refusal of Permission to Appeal (extension of Time)
Outcome
application refused
Legal Topics
Non‑refoulement, Torture Risk, Extension of Time, Judicial Review, Appeal Permission, Service and Address for Process
Source Language
ch
Administrative Law Immigration Law Human Rights Law Constitutional Law Non‑refoulement Torture Risk Extension of Time Judicial Review +2 more

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Parties

Nguyen Thi Tuyet Le

Applicant

Torture Claims Appeal Board

Respondent

Director of Immigration

Interested Party

Procedural Posture

Application for Permission to File Out‑of‑time Appeal Against Refusal of Judicial Review Leave / Application to Set Aside Refusal of Permission to Appeal (extension of Time)

  1. 1 Whether to grant extension of time to file an appeal
  2. 2 Whether the applicant provided a reasonable explanation for delay
  3. 3 Whether the proposed appeal has a real prospect of success

Ratio Decidendi

The application for permission to file an out‑of‑time appeal was refused because the applicant was seriously delayed without reasonable explanation, the court had mailed judgment to the address provided, the applicant failed to notify any change of address, and the proposed appeal disclosed no real prospect of success; therefore no extension of time could be justified.

Court Disposition

application refused

Orders

  • Permission to file an out‑of‑time appeal refused; the application filed on 27 May 2021 is dismissed