RE SULEKHAH AND ANOTHER

RE SULEKHAH AND ANOTHER

Extension of time refused because the applicants had a substantial unexplained delay, provided no corroborating evidence for non-receipt, failed to present any arguable grounds or particulars of appeal, and the Board's decision showed no error or unfairness such that an extension would be futile.

Citation
[2021] HKCFI 635
Parties
Applicant: SULEKHAH; Applicant: KULDEEP JASMINE DEEPIKA KAUR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 March 2021
Case Number
HCAL466/2018
Procedural Posture
Extension of Time to Appeal Decision Refusing Leave to Apply for Judicial Review / Decision on Summons for Extension of Time
Outcome
Extension of time to appeal refused; summons dismissed
Legal Topics
Extension of Time, Judicial Review, Procedural Fairness, Minor's Non Refoulement Claim, Service of Decision
Source Language
EN
Constitutional and Administrative Law Immigration Non Refoulement Family/children Law Extension of Time Judicial Review Procedural Fairness Minor's Non Refoulement Claim +1 more

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Parties

SULEKHAH

Applicant

KULDEEP JASMINE DEEPIKA KAUR

Applicant

Procedural Posture

Extension of Time to Appeal Decision Refusing Leave to Apply for Judicial Review / Decision on Summons for Extension of Time

Legal Issues

  1. 1 Whether to extend time to appeal (considering length of delay, reason for delay, prospects of appeal, prejudice to respondent)
  2. 2 Whether applicants provided good reason and corroborating evidence for their delay (alleged non-receipt of decision)
  3. 3 Whether applicants advanced arguable grounds or particulars of appeal

Ratio Decidendi

Extension of time refused because the applicants had a substantial unexplained delay, provided no corroborating evidence for non-receipt, failed to present any arguable grounds or particulars of appeal, and the Board's decision showed no error or unfairness such that an extension would be futile.

Court Disposition

Extension of time to appeal refused; summons dismissed

Orders

  • Application for extension of time to appeal refused and summons dismissed