有關 TRAN CONG DANG 的事宜

有關 TRAN CONG DANG 的事宜

The application for extension of time and for leave to appeal was refused because the application was seriously out of time, the applicant failed to provide a satisfactory explanation for the delay, and the proposed appeal had no real prospect of success and did not raise an issue of great or general or public...

Source-derived case information.

Citation
[2022] HKCA 178
Parties
Applicant: TRAN CONG DANG; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
9 February 2022
Case Number
CACV544/2020
Procedural Posture
Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Extension of Time and Leave to Appeal (notice of Motion Filed 15 December 2021)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; application for extension of time refused; notice of motion filed 15 December 2021 struck out.
Legal Topics
Judicial Review, Leave to Appeal to Court of Final Appeal, Extension of Time, Non Refoulement, Procedural Delay
Source Language
ch
Administrative Law Immigration Law Civil Procedure Constitutional Law Judicial Review Leave to Appeal to Court of Final Appeal Extension of Time Non Refoulement +1 more

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Parties

TRAN CONG DANG

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Extension of Time and Leave to Appeal (notice of Motion Filed 15 December 2021)

  1. 1 Whether to extend time for filing notice of motion for leave to appeal to the Court of Final Appeal
  2. 2 Whether the proposed appeal raises an issue of general or public importance under Court of Final Appeal Ordinance s22(1)(b)
  3. 3 Whether the applicant provided an adequate explanation for the delay

Ratio Decidendi

The application for extension of time and for leave to appeal was refused because the application was seriously out of time, the applicant failed to provide a satisfactory explanation for the delay, and the proposed appeal had no real prospect of success and did not raise an issue of great or general or public importance as required by s22(1)(b) of the Court of Final Appeal Ordinance.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; application for extension of time refused; notice of motion filed 15 December 2021 struck out.

Orders

  • Refused leave to appeal to the Court of Final Appeal.
  • Refused extension of time for filing the application; the Notice of Motion filed on 15 December 2021 is struck out.