SAJAN MASIH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SAJAN MASIH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because delay was minimal (one day), the Court's decision had been sent to the applicant's last known address and was not returned (deemed served), the applicant offered no valid or credible reason to excuse the delay, and the intended appeal lacked realistic prospect of success; accordingly no basis to extend time.

Citation
[2026] HKCFI 2843
Parties
Applicant: Sajan Masih; 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
20 May 2026
Case Number
HCAL1378/2025
Procedural Posture
Judicial Review Leave Application and Application for Extension of Time to Appeal / Application for Extension of Time to Appeal Dismissed After Leave Refused
Outcome
Application for extension of time dismissed; original leave application refused by the Court and appeal time not extended.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement Claim, Service and Deemed Receipt, Prospect of Success Assessment
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Procedural Law Extension of Time Leave to Apply for Judicial Review Non Refoulement Claim Service and Deemed Receipt +1 more

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Parties

Sajan Masih

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application and Application for Extension of Time to Appeal / Application for Extension of Time to Appeal Dismissed After Leave Refused

Legal Issues

  1. 1 Whether to grant extension of time for filing an appeal against the Court's dismissal of leave to apply for judicial review
  2. 2 Whether the applicant was validly served and therefore whether delay is excusable
  3. 3 Whether the intended appeal has a realistic prospect of success

Ratio Decidendi

Extension of time refused because delay was minimal (one day), the Court's decision had been sent to the applicant's last known address and was not returned (deemed served), the applicant offered no valid or credible reason to excuse the delay, and the intended appeal lacked realistic prospect of success; accordingly no basis to extend time.

Court Disposition

Application for extension of time dismissed; original leave application refused by the Court and appeal time not extended.

Orders

  • Extension of time for filing notice of appeal refused
  • Application dismissed