有關NGUYEN VAN HAI 的事宜

有關NGUYEN VAN HAI 的事宜

Extension refused because the applicant had an unexplained 24-day delay and failed to show the proposed appeal had a real prospect of success or to identify errors in the deputy judge's reasoning; accordingly there was no basis to exercise the court's discretion to extend time.

Source-derived case information.

Citation
[2021] HKCA 1269
Parties
Applicant: NGUYEN VAN HAI; Respondent: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 September 2021
Case Number
CAMP101/2021
Procedural Posture
Judicial Review Application for Extension of Time to Appeal Against Refusal of Leave / Application for Extension of Time Decided on Papers
Outcome
Application for extension of time dismissed and summons filed 1 April 2021 revoked
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement/asylum, Credibility Assessment
Source Language
ch
Immigration Law Administrative Law Judicial Review Human Rights Extension of Time Leave to Apply for Judicial Review Non Refoulement/asylum Credibility Assessment

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Parties

NGUYEN VAN HAI

Applicant

Director of Immigration

Respondent

Procedural Posture

Judicial Review Application for Extension of Time to Appeal Against Refusal of Leave / Application for Extension of Time Decided on Papers

  1. 1 whether applicant provided a satisfactory explanation for a 24-day delay in filing the appeal
  2. 2 whether the proposed appeal had a real prospect of success
  3. 3 the standard for overturning a refusal of leave by a lower judge

Ratio Decidendi

Extension refused because the applicant had an unexplained 24-day delay and failed to show the proposed appeal had a real prospect of success or to identify errors in the deputy judge's reasoning; accordingly there was no basis to exercise the court's discretion to extend time.

Court Disposition

Application for extension of time dismissed and summons filed 1 April 2021 revoked

Orders

  • Application for extension of time dismissed
  • Summons filed 1 April 2021 revoked