ULLAH FAIZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

ULLAH FAIZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time for the applicant's appeal was refused because the applicant offered no valid reason for the delay (he was deemed served at his last known address), the delay exceeded six months, and the intended appeal/leave application had no realistic prospect of success as the non-refoulement claim was unsubstantiated by the evidence.

Citation
[2026] HKCFI 2525
Parties
Applicant: Ullah Faiz; 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
13 May 2026
Case Number
HCAL699/2025
Procedural Posture
Application for Leave to Apply for Judicial Review and Application for Extension of Time to Appeal / Application for Extension of Time After Dismissal of Form CALL 1 (leave Refused)
Outcome
Application for extension of time refused and application dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Service/deemed Service, Credibility and Substantiation of Asylum Claims
Source Language
EN
Administrative Law Immigration Law Constitutional and Administrative Law Human Rights Law Extension of Time Leave to Apply for Judicial Review Non Refoulement Service/deemed Service +1 more

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Parties

Ullah Faiz

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review and Application for Extension of Time to Appeal / Application for Extension of Time After Dismissal of Form CALL 1 (leave Refused)

Legal Issues

  1. 1 Whether to extend time for appeal out of time
  2. 2 Whether the applicant was validly served and therefore deemed to have received the Court's decision
  3. 3 Whether the intended appeal/leave application had a realistic prospect of success

Ratio Decidendi

Extension of time for the applicant's appeal was refused because the applicant offered no valid reason for the delay (he was deemed served at his last known address), the delay exceeded six months, and the intended appeal/leave application had no realistic prospect of success as the non-refoulement claim was unsubstantiated by the evidence.

Court Disposition

Application for extension of time refused and application dismissed

Orders

  • Extension of time for appeal refused
  • Application dismissed