RAZA WALEED v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE

RAZA WALEED v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time was refused because the applicant was out of time by approximately 36 days, failed to provide the required supporting affirmation or satisfactory explanation for the delay, the court found no arguable grounds of appeal or merit in the underlying claim, and on balance it was not in the interests of justice to grant an extension.

Citation
[2019] HKCFI 2048
Parties
Applicant: RAZA WALEED; 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
16 August 2019
Case Number
HCAL170/2018
Procedural Posture
Judicial Review Leave / Appeal Against Refusal of Leave / Application for Extension of Time to Appeal Against Refusal of Leave
Outcome
Summons dated 20 June 2019 dismissed; application for extension of time to appeal refused
Legal Topics
Non Refoulement, Article 3 Convention Against Torture, Extension of Time for Appeal, Leave to Apply for Judicial Review, Delay and Service
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Article 3 Convention Against Torture Extension of Time for Appeal Leave to Apply for Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

RAZA WALEED

Applicant

TORTURE CLAIMS APPEAL BOARD / Non-refoulement Claims Petition Office

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether to grant extension of time to appeal against refusal of leave to apply for judicial review
  2. 2 Whether the applicant gave a prompt and adequately supported explanation for the delay
  3. 3 Whether the intended appeal has an arguable prospect of success

Ratio Decidendi

Extension of time was refused because the applicant was out of time by approximately 36 days, failed to provide the required supporting affirmation or satisfactory explanation for the delay, the court found no arguable grounds of appeal or merit in the underlying claim, and on balance it was not in the interests of justice to grant an extension.

Court Disposition

Summons dated 20 June 2019 dismissed; application for extension of time to appeal refused

Orders

  • The applicant's summons dated 20 June 2019 is dismissed; no extension of time to appeal is granted