30 Jun 2023
FADILAH BINTI NASIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
- Citation
- [2023] HKCFI 1652
- Court
- Court of First Instance
- Case number
- HCAL671/2023
The Board lawfully exercised its procedural discretion under s.37ZT: the applicant provided no evidence to substantiate reasons for a six‑year delay, failed to show due diligence or circumstances beyond her control, and had access to duty lawyer assistance when the Director's decision was served; consequently the Board legitimately refused the extension and the court found no realistic prospect of success and refused leave.