Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of time for leave application

Legal area

Court

14 Oct 2022

NGUYEN TUAN VINH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 3176
Court

Court of First Instance
Case number

HCAL708/2022

Extension of time refused and leave dismissed because the applicant was almost one year out of time without any satisfactory explanation for delay and his intended challenge lacked arguable merits—no identifiable error of law, procedural unfairness or irrationality in the Director’s or Board’s decisions.
23 Nov 2021

TRAN VAN MANH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 3525
Court

Court of First Instance
Case number

HCAL903/2021

The court refused to extend time because the applicant's delay of over 19 months was substantial and unexplained, the intended judicial review disclosed no arguable grounds of legal error, irrationality or procedural unfairness in the Director's or Board's decisions, and those decisions lawfully found the risk to be localized and internal relocation reasonable; accordingly there was no prospect of success and leave was dismissed.