CHORNELIA ISMAYASARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CHORNELIA ISMAYASARI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the applicants were more than one month out of time, provided inadequate reasons for the delay, and their intended appeal had no realistic prospect of success as they raised no valid grounds to challenge the Board's findings; accordingly the application for extension and the application were dismissed.

Citation
[2024] HKCFI 2093
Parties
1st Applicant: Chornelia Ismayasari; 2nd Applicant: Ifeanyi Livinus; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2024
Case Number
HCAL1169/2019
Procedural Posture
Leave to Apply for Judicial Review; Extension of Time Application / Application for Extension of Time to File Notice of Appeal After Refusal of Leave
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Non Refoulement, Judicial Review, Extension of Time, Torture Claims Appeal Board Procedure
Source Language
EN
Administrative Law Immigration Law Constitutional Law Non Refoulement Judicial Review Extension of Time Torture Claims Appeal Board Procedure

Case Brief

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Parties

Chornelia Ismayasari

1st Applicant

Ifeanyi Livinus

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review; Extension of Time Application / Application for Extension of Time to File Notice of Appeal After Refusal of Leave

Legal Issues

  1. 1 Whether to grant extension of time to file notice of appeal
  2. 2 Whether the intended appeal has a realistic prospect of success
  3. 3 Whether service of the Court's decision was effective and applicants were deemed to have received it

Ratio Decidendi

Extension of time refused because the applicants were more than one month out of time, provided inadequate reasons for the delay, and their intended appeal had no realistic prospect of success as they raised no valid grounds to challenge the Board's findings; accordingly the application for extension and the application were dismissed.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Refuse extension of time to file notice of appeal
  • Dismiss the applicants' application