有關 VU QUOC HUNG 的事宜

有關 VU QUOC HUNG 的事宜

Extension refused because the applicant had an excessive unexplained delay (over five months), failed to show adequate reasons (responsibility to update address and no satisfactory explanation), and failed to demonstrate that the proposed appeal had a real prospect of success or that the original judge erred in law...

Source-derived case information.

Citation
[2022] HKCA 1731
Parties
Applicant: VU QUOC HUNG; Respondent: Director of Immigration; Respondent: Torture Claims Appeal Board
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 November 2022
Case Number
CAMP441/2022
Procedural Posture
Judicial Review (immigration/non Refoulement) / Application for Extension of Time to Appeal (re Application)
Outcome
Application for extension of time to appeal refused; originating summons dated 25 October 2022 dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Credibility Findings, Non Refoulement (article 3 Risk), In Country Protection, Procedural Fairness
Source Language
ch
Immigration Law Administrative Law Judicial Review Human Rights Extension of Time Leave to Apply for Judicial Review Credibility Findings Non Refoulement (article 3 Risk) +2 more

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Parties

VU QUOC HUNG

Applicant

Director of Immigration

Respondent

Torture Claims Appeal Board

Respondent

Procedural Posture

Judicial Review (immigration/non Refoulement) / Application for Extension of Time to Appeal (re Application)

  1. 1 Whether to grant extension of time to file appeal after refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided a satisfactory explanation for the delay
  3. 3 Whether the proposed appeal had a real prospect of success

Ratio Decidendi

Extension refused because the applicant had an excessive unexplained delay (over five months), failed to show adequate reasons (responsibility to update address and no satisfactory explanation), and failed to demonstrate that the proposed appeal had a real prospect of success or that the original judge erred in law or made an obvious mistake; therefore no discretionary extension was warranted.

Court Disposition

Application for extension of time to appeal refused; originating summons dated 25 October 2022 dismissed.

Orders

  • Application for extension of time to appeal is dismissed.
  • Originating summons filed 25 October 2022 is dismissed and vacated.