YERRO JOY MORONDOZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

YERRO JOY MORONDOZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Refusal of extension: applicant failed to update address and therefore cannot complain of non-receipt; delay was short but the intended appeal had no realistic prospect of success because the Board's adverse credibility findings, acceptance of state protection and availability of internal relocation were unchallenged; extension would be futile and is refused.

Citation
[2024] HKCFI 1778
Parties
Applicant: Yerro Joy Morondoz; 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
26 July 2024
Case Number
HCAL1398/2019
Procedural Posture
Judicial Review (leave) Appeal — Extension of Time Application / Application for Extension of Time to File Notice of Appeal After Refusal of Leave
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Prospect of Success Test, Service/deemed Service and Change of Address, Credibility Findings, Internal Relocation, State Protection
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Non Refoulement Civil Procedure Extension of Time Leave to Apply for Judicial Review Prospect of Success Test +4 more

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Parties

Yerro Joy Morondoz

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave) Appeal — Extension of Time Application / Application for Extension of Time to File Notice of Appeal After Refusal of Leave

Legal Issues

  1. 1 Whether to grant extension of time to file notice of appeal
  2. 2 Whether applicant's failure to update address defeats complaint of non-receipt of court letter
  3. 3 Whether the intended appeal has a realistic prospect of success

Ratio Decidendi

Refusal of extension: applicant failed to update address and therefore cannot complain of non-receipt; delay was short but the intended appeal had no realistic prospect of success because the Board's adverse credibility findings, acceptance of state protection and availability of internal relocation were unchallenged; extension would be futile and is refused.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Extension of time to file notice of appeal refused
  • Application dismissed