RE SIKDER IBRAHIM

RE SIKDER IBRAHIM

Extension of time was refused because the applicant failed to identify or disclose grounds of appeal and had no realistic prospect of success given the Board's affirmation of the Director's finding that the claim was unsubstantiated; applying the established four‑factor test, the balance weighed against granting an extension.

Citation
[2019] HKCFI 1436
Parties
Applicant: Sikder Ibrahim; Interested Party / Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2019
Case Number
HCAL939/2018
Procedural Posture
Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision on Extension of Time in Chambers
Outcome
Extension of time refused; application dismissed
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Extension of Time, Unified Screening Process
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Leave to Apply for Judicial Review Extension of Time +1 more

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Parties

Sikder Ibrahim

Applicant

Director of Immigration

Interested Party / Respondent

Procedural Posture

Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision on Extension of Time in Chambers

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Prospect of success of the intended appeal against refusal of leave to apply for judicial review
  3. 3 Assessment of non‑refoulement risks (torture, BOR Article 2 and 3, persecution under Refugee Convention)

Ratio Decidendi

Extension of time was refused because the applicant failed to identify or disclose grounds of appeal and had no realistic prospect of success given the Board's affirmation of the Director's finding that the claim was unsubstantiated; applying the established four‑factor test, the balance weighed against granting an extension.

Court Disposition

Extension of time refused; application dismissed

Orders

  • Extension of time to appeal refused
  • Application for leave to apply for judicial review dismissed