RE SAMIULLAH

RE SAMIULLAH

Because the decision was sent by ordinary post to the applicant's last reported address and was not returned undelivered, and the applicant provided no documentary evidence to rebut the presumption of service, there was no procedural unfairness or error of law and no reasonable prospect of success in the intended...

Source-derived case information.

Citation
[2019] HKCFI 2427
Parties
Applicant: Samiullah; Respondent: The Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2019
Case Number
HCAL1265/2018
Procedural Posture
Constitutional and Administrative Law Judicial Review / Chamber Decision on Summons for Leave/extension of Time
Outcome
Summons dismissed; no extension of time granted
Legal Topics
Service of Decision, Extension of Time, Procedural Fairness, Standard of Review
Source Language
en
Constitutional and Administrative Law Judicial Review Administrative Law Service of Decision Extension of Time Procedural Fairness Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samiullah

Applicant

The Board

Respondent

Procedural Posture

Constitutional and Administrative Law Judicial Review / Chamber Decision on Summons for Leave/extension of Time

Legal Issues

  1. 1 Whether the decision was validly served within the 14‑day period for appeal
  2. 2 Whether failure to receive the decision denied the applicant a reasonable opportunity to present his case
  3. 3 Whether there was any error of law or procedural unfairness in the Board's decision

Ratio Decidendi

Because the decision was sent by ordinary post to the applicant's last reported address and was not returned undelivered, and the applicant provided no documentary evidence to rebut the presumption of service, there was no procedural unfairness or error of law and no reasonable prospect of success in the intended challenge; the summons for relief was therefore dismissed.

Court Disposition

Summons dismissed; no extension of time granted

Orders

  • Summons dated 31 dismissed
  • No extension of time to file the intended appeal granted