SUKHDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SUKHDEEP SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the applicant offered an unsatisfactory explanation for a long delay, failed to maintain an address for service or prove timely notification, and the intended appeal lacked any identifiable grounds or reasonable prospect of success; in all the circumstances it was not in the interests of justice to grant an extension.

Citation
[2020] HKCFI 2038
Parties
Applicant: Sukhdeep Singh; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 August 2020
Case Number
HCAL1124/2017
Procedural Posture
Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision on Summons to Extend Time to Appeal (final)
Outcome
Summons dismissed; extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Service and Address of Record, Delay and Prejudice, Appeal Time Limits
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights (convention Against Torture) Civil Procedure Extension of Time Leave to Apply for Judicial Review Non Refoulement +3 more

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Parties

Sukhdeep Singh

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Extension of Time to Appeal Refusal of Leave to Apply for Judicial Review / Decision on Summons to Extend Time to Appeal (final)

Legal Issues

  1. 1 Whether to grant extension of time to appeal against refusal of leave to apply for judicial review
  2. 2 Adequacy and reasonableness of applicant's explanation for delay and non-receipt of court documents
  3. 3 Whether the intended appeal has a reasonable prospect of success (merits)

Ratio Decidendi

Extension of time refused because the applicant offered an unsatisfactory explanation for a long delay, failed to maintain an address for service or prove timely notification, and the intended appeal lacked any identifiable grounds or reasonable prospect of success; in all the circumstances it was not in the interests of justice to grant an extension.

Court Disposition

Summons dismissed; extension of time to appeal refused

Orders

  • The applicant's summons dated 16 July 2020 is dismissed
  • No extension of time to appeal is granted