RE SITI MAESAROH SUKARI

The application for leave to appeal was dismissed because the applicant failed to demonstrate any reason why the earlier Court's Decision was wrong or any reasonable prospect of success in the intended appeal; consequently there was no basis to extend time for applying for leave to apply for judicial review.

Source-derived case information.

Citation: [2019] HKCFI 1438
Parties: Applicant: Siti Maesaroh Sukari; Interested Party: Director of Immigration Department; Decision Maker: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 6 June 2019
Case Number: HCAL611/2018
Procedural Posture: Application for Leave to Appeal Against Interlocutory Refusal of Extension of Time for Judicial Review / Paper Disposal of Leave to Appeal Application
Outcome: Application for leave to appeal dismissed
Legal Topics: Extension of Time, Leave to Apply for Judicial Review, Non Refoulement (torture/non Refoulement Claim)
Source Language: en

Constitutional and Administrative Law Immigration Law Human Rights Law Extension of Time Leave to Apply for Judicial Review Non Refoulement (torture/non Refoulement Claim)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Siti Maesaroh Sukari

Applicant

Director of Immigration Department

Interested Party

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Decision Maker

Procedural Posture

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

Legal Issues

1 Whether time should be extended to apply for leave to seek judicial review of the Board's decision
2 Whether the applicant demonstrated a reasonable prospect of success in the intended appeal
3 Whether the applicant's fear of return to home country suffices to justify extension of time

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed

Orders

Application for leave to appeal dismissed
No extension of time granted to apply for leave to apply for judicial review

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