Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Late filing and extension of time

Legal area

Court

12 Aug 2025

MEHMOOD RIASAT v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 3367
Court

Court of First Instance
Case number

HCAL397/2020

The court granted leave and extended time because the Board refused late filing without apparent consideration of the merits contrary to the requirement under s.37ZT to take merits into account; the applicant's intended challenge was reasonably arguable and met the threshold for leave, and in view of relevant Court of Appeal authority and the prospect of success the court exercised its discretion to permit late filing and ordered filing of an originating summons within 14 days.
4 Sept 2024

MBUNGA MOKONGA PIERROT v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 2205
Court

Court of First Instance
Case number

HCAL353/2019

The Board lawfully applied s37ZT and the Petition Guide, the applicant's explanation for late filing was an unsupported bare assertion undermining credibility, there were no extenuating circumstances or supporting evidence and no arguable merit in the substantive BOR 2 claim given the prior final dismissal, therefore the leave application failed on grounds of delay and lack of realistic prospect and must be refused.