Hong Kong Case Law: Decisions & Judgments

Topic

Time limits and late filing

Legal area

Court

3 Sept 2024

AGUSSALIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2024] HKCFI 2249
Court

Court of First Instance
Case number

HCAL937/2024

Leave refused because the Applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Board's refusal to allow late filing; the Board properly applied the statutory time limits and discretion under s.37ZS/37ZT, and on the facts both the Director and Board reasonably found the claimed risk was localized, state protection and internal relocation were available, and the appeal had no prospect of success.
25 Oct 2022

LAKHVIR SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 3205
Court

Court of First Instance
Case number

HCAL610/2019

Applicant failed to comply with statutory duty to submit the completed claim form within the prescribed period; he did not provide sufficient evidence that circumstances beyond his control prevented timely submission so Director correctly treated the claim as withdrawn and properly refused re-opening; the Board validly refused late filing after finding the applicant's explanations vague, unsupported and without merit; no arguable error of law, irrationality or procedural unfairness was identified to justify judicial review, therefore leave is refused.
5 Oct 2018

RE CHAUDHARY MUHAMMAD MOBEEN

Citation

[2018] HKCA 663
Court

Court of Appeal
Case number

CAMP73/2018

Extension of time to appeal was refused because the proposed appeal advanced a new ground raised only at the appeal stage for which no satisfactory explanation was offered, the new ground was unarguable and there was no realistic prospect of success in persuading the court to reverse the deputy judge's refusal of leave; the Board's and Director's decisions were not shown to be legally flawed, procedurally unfair or Wednesbury unreasonable, and statutory requirements for late filing under the Immigration Ordinance were not complied with.
15 Jan 2018

RE MR. GURDEV SINGH [Decision on Leave Application]

Citation

[2018] HKCFI 71
Court

Court of First Instance
Case number

HCAL325/2017

Leave to apply for judicial review was refused because the applicant failed to exhaust the available appeal to TCAB and was out of time without exceptional circumstances, failed to update his contact details thereby undermining service, and the Director’s and Adjudicator’s findings (including on credibility, minor nature of assault, state protection and relocation) disclosed no error of law or procedure and no reasonably arguable public law ground.

Hong Kong Case Law

AGUSSALIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

LAKHVIR SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE CHAUDHARY MUHAMMAD MOBEEN

RE MR. GURDEV SINGH [Decision on Leave Application]