SHEIK MD MOKTER v. TORTURE CLAIMS APPEAL BOARD

SHEIK MD MOKTER v. TORTURE CLAIMS APPEAL BOARD

Extension of time refused because the applicant's eight-month delay was unreasonable, the explanations were inconsistent and untruthful, the applicant was able to receive mail at his address negating his excuse, and the intended appeal had no real prospects of success; therefore no meaningful purpose would be served...

Source-derived case information.

Citation
[2019] HKCFI 710
Parties
Applicant: Sheik MD Mokter; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2019
Case Number
HCAL44/2017
Procedural Posture
Judicial Review; Application for Extension of Time to Appeal / Application for Leave to Lodge Appeal Out of Time (refused)
Outcome
Application for leave to appeal out of time refused; summons dismissed
Legal Topics
Non Refoulement, Extension of Time to Appeal, Leave to Apply for Judicial Review, Procedural Fairness, Appeal Prospects
Source Language
en
Administrative Law Immigration Law Constitutional Law Non Refoulement Extension of Time to Appeal Leave to Apply for Judicial Review Procedural Fairness Appeal Prospects

Source-derived case record

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Parties

Sheik MD Mokter

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review; Application for Extension of Time to Appeal / Application for Leave to Lodge Appeal Out of Time (refused)

Legal Issues

  1. 1 Whether to extend time to appeal against refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided satisfactory reasons for an 8-month delay
  3. 3 Whether the intended appeal has any real prospects of success

Ratio Decidendi

Extension of time refused because the applicant's eight-month delay was unreasonable, the explanations were inconsistent and untruthful, the applicant was able to receive mail at his address negating his excuse, and the intended appeal had no real prospects of success; therefore no meaningful purpose would be served by granting an extension.

Court Disposition

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

Orders

  • Application for leave to appeal out of time refused
  • Applicant's summons dismissed