RE RAMIREZ BELTRAN CLAUDIA LORENA

RE RAMIREZ BELTRAN CLAUDIA LORENA

Extension of time was refused because the applicant's delay was very substantial, she provided no adequate explanation for the delay, she failed to provide any draft grounds or particulars identifying error or unfairness, and therefore there was no reasonable prospect of success so that granting an extension would be futile.

Citation
[2020] HKCFI 2481
Parties
Applicant: Ramirez Beltran Claudia Lorena; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 October 2020
Case Number
HCAL515/2018
Procedural Posture
Application for Leave to Appeal Out of Time Against Refusal to Extend Time to Apply for Judicial Review / Decision on Summons
Outcome
Application for leave to appeal out of time refused; summons dismissed
Legal Topics
Extension of Time, Non‑refoulement, Procedural Fairness, Prospects of Success
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Extension of Time Non‑refoulement Procedural Fairness Prospects of Success

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Parties

Ramirez Beltran Claudia Lorena

Applicant

Respondent

Respondent

Procedural Posture

Application for Leave to Appeal Out of Time Against Refusal to Extend Time to Apply for Judicial Review / Decision on Summons

Legal Issues

  1. 1 Whether to extend time for filing an appeal against refusal to extend time for judicial review
  2. 2 Whether applicant provided satisfactory explanation for delay
  3. 3 Whether the intended appeal had a reasonable prospect of success

Ratio Decidendi

Extension of time was refused because the applicant's delay was very substantial, she provided no adequate explanation for the delay, she failed to provide any draft grounds or particulars identifying error or unfairness, and therefore there was no reasonable prospect of success so that granting an extension would be futile.

Court Disposition

Application for leave to appeal out of time refused; summons dismissed

Orders

  • Leave to appeal out of time refused
  • Summons dismissed