SL v. KWAN BETTY

SL v. KWAN BETTY

The extension of time was refused because there was substantial undue delay without good reason: the applicant and his lawyers failed to act with due diligence in obtaining and filing the application within the statutory period; the delay would be detrimental to good administration; and the proposed grounds of review lacked reasonable arguability and realistic prospect of success. The Adjudicator acted within statutory discretion and procedural fairness in declining to adjourn and determining the appeal in the applicant's absence after finding the medical excuse unsatisfactory.

Citation
SL v. KWAN BETTY
Parties
Applicant: SL; Director of Immigration / Putative Interested Party: Kwan Betty; Putative Respondent: Adjudicator of the Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2017
Case Number
HCAL247/2015
Procedural Posture
Application for Leave to Apply for Judicial Review and Extension of Time Under Order 53 / Leave Stage: Application for Extension of Time Heard and Dismissed; Substantive Leave Application Fell Away
Outcome
Summons dismissed; application for extension of time refused; application for leave to apply for judicial review is out of time and falls away; costs order nisi: no order as to costs.
Legal Topics
Extension of Time, Procedural Fairness and Right to Hearing, State Protection and Internal Relocation, Torture and CIDTP, Wednesbury Unreasonableness, Evidential Burden and Corroboration
Source Language
EN
Immigration Constitutional and Administrative Law Refugee and Non Refoulement Law Judicial Review Extension of Time Procedural Fairness and Right to Hearing State Protection and Internal Relocation Torture and CIDTP +2 more

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Parties

SL

Applicant

Kwan Betty

Director of Immigration / Putative Interested Party

Adjudicator of the Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review and Extension of Time Under Order 53 / Leave Stage: Application for Extension of Time Heard and Dismissed; Substantive Leave Application Fell Away

Legal Issues

  1. 1 Whether there was good reason to extend time for filing the judicial review application
  2. 2 Whether the Adjudicator breached procedural fairness by proceeding in absence of the applicant and not adjourning
  3. 3 Whether the Adjudicator failed to make sufficient inquiry or misapplied the legal test on non-refoulement/torture/persecution

Ratio Decidendi

The extension of time was refused because there was substantial undue delay without good reason: the applicant and his lawyers failed to act with due diligence in obtaining and filing the application within the statutory period; the delay would be detrimental to good administration; and the proposed grounds of review lacked reasonable arguability and realistic prospect of success. The Adjudicator acted within statutory discretion and procedural fairness in declining to adjourn and determining the appeal in the applicant's absence after finding the medical excuse unsatisfactory.

Court Disposition

Summons dismissed; application for extension of time refused; application for leave to apply for judicial review is out of time and falls away; costs order nisi: no order as to costs.

Orders

  • Dismissed summons for amendment and related relief
  • Refused extension of time to apply for leave to apply for judicial review