RE SOHEB MD

RE SOHEB MD

Extension of time was refused because the 24‑day delay was not insignificant, the court record established the decision had been sent to the applicant's last known address so non-receipt was not proved, and the applicant failed to demonstrate reasonably arguable grounds of appeal; accordingly the application to extend time was dismissed.

Citation
[2021] HKCFI 3148
Parties
Applicant: Soheb Md
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2021
Case Number
HCAL826/2019
Procedural Posture
Judicial Review Extension of Time to Appeal / Application for Extension of Time to Appeal (chambers)
Outcome
Application to extend time to appeal refused; summons dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Delay, Prospect of Appeal
Source Language
EN
Constitutional and Administrative Law Immigration Law Civil Procedure Extension of Time Leave to Apply for Judicial Review Non Refoulement Delay Prospect of Appeal

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Parties

Soheb Md

Applicant

Procedural Posture

Judicial Review Extension of Time to Appeal / Application for Extension of Time to Appeal (chambers)

Legal Issues

  1. 1 Whether to extend time to file an appeal against the refusal of leave for judicial review
  2. 2 Whether the applicant received the court decision in time
  3. 3 Whether the intended appeal has a reasonably arguable prospect of success

Ratio Decidendi

Extension of time was refused because the 24‑day delay was not insignificant, the court record established the decision had been sent to the applicant's last known address so non-receipt was not proved, and the applicant failed to demonstrate reasonably arguable grounds of appeal; accordingly the application to extend time was dismissed.

Court Disposition

Application to extend time to appeal refused; summons dismissed.

Orders

  • Summons dismissed