SUKHDEV SINGH v. TORTURE CLAIMS APPEAL BOARD

SUKHDEV SINGH v. TORTURE CLAIMS APPEAL BOARD

Extension of time to appeal was refused because the applicant's 12-week delay was substantial and unexplained by documentary evidence, he failed to identify any error or propose grounds of appeal so there was no reasonable prospect of success, and therefore granting extension would be futile.

Citation
[2023] HKCFI 2874
Parties
Applicant: SUKHDEV SINGH; Putative Respondent: TORTURE CLAIMS APPEAL BOARD; Putative Interested Party: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2023
Case Number
HCAL2438/2020
Procedural Posture
Judicial Review Appeal Against Refusal of Leave (non Refoulement Claim) / Application for Extension of Time to Appeal Following Refusal of Leave
Outcome
Application for extension of time to appeal refused; summons dismissed.
Legal Topics
Judicial Review, Extension of Time, Non Refoulement, Leave to Apply for Judicial Review, Appeal
Source Language
EN
Administrative Law Constitutional Law Immigration Law Procedural Law Judicial Review Extension of Time Non Refoulement Leave to Apply for Judicial Review +1 more

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Parties

SUKHDEV SINGH

Applicant

TORTURE CLAIMS APPEAL BOARD

Putative Respondent

DIRECTOR OF IMMIGRATION

Putative Interested Party

Procedural Posture

Judicial Review Appeal Against Refusal of Leave (non Refoulement Claim) / Application for Extension of Time to Appeal Following Refusal of Leave

Legal Issues

  1. 1 Whether to extend time to appeal against refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided a good reason for the delay
  3. 3 Whether there was a reasonable prospect of success in the intended appeal

Ratio Decidendi

Extension of time to appeal was refused because the applicant's 12-week delay was substantial and unexplained by documentary evidence, he failed to identify any error or propose grounds of appeal so there was no reasonable prospect of success, and therefore granting extension would be futile.

Court Disposition

Application for extension of time to appeal refused; summons dismissed.

Orders

  • Refused application for extension of time to appeal against the refusal of leave to apply for judicial review
  • Dismissed the applicant's summons