SUBBA RODA v. DIRECTOR OF IMMIGRATION

SUBBA RODA v. DIRECTOR OF IMMIGRATION

The application for leave to appeal out of time is dismissed because the applicant failed to provide a draft notice of appeal or identifiable grounds, making it impossible for the court to assess the apparent merits and therefore to exercise its discretion to extend time; the shortness of the delay and the...

Source-derived case information.

Citation
[2022] HKCFI 439
Parties
Applicant: SUBBA RODA; Putative Respondent: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2022
Case Number
HCAL1002/2021
Procedural Posture
Constitutional and Administrative Law Judicial Review / Leave to Appeal / Application for Leave to Appeal Out of Time (extension of Time) Hearing and Decision
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Procedural Compliance, Self Representation
Source Language
en
Immigration Administrative Law Constitutional Law Civil Procedure Extension of Time Leave to Appeal Judicial Review Procedural Compliance +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

SUBBA RODA

Applicant

DIRECTOR OF IMMIGRATION

Putative Respondent

Procedural Posture

Constitutional and Administrative Law Judicial Review / Leave to Appeal / Application for Leave to Appeal Out of Time (extension of Time) Hearing and Decision

Legal Issues

  1. 1 Whether to grant leave to appeal out of time/extend time
  2. 2 Whether absence of a draft notice of appeal and identifiable grounds permits the court to exercise its discretion to extend time
  3. 3 Whether the applicant's lack of funds and self-representation justify extension of time

Ratio Decidendi

The application for leave to appeal out of time is dismissed because the applicant failed to provide a draft notice of appeal or identifiable grounds, making it impossible for the court to assess the apparent merits and therefore to exercise its discretion to extend time; the shortness of the delay and the applicant's self-representation did not outweigh that deficiency.

Court Disposition

Application dismissed

Orders

  • Application for leave to appeal out of time dismissed