Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Merits consideration under s37zt

Legal area

Court

10 Oct 2024

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

Citation

[2024] HKCFI 2777
Court

Court of First Instance
Case number

HCAL422/2024

Leave to apply for judicial review and an extension of time were granted because the Board, in refusing late filing, relied only on the Director's rejection and did not adequately assess or make findings on the merits of the appeal as required by s37ZT(2)(b); given the applicant's substantial delay but acknowledged incarceration explaining some delay and the reasonably arguable merit threshold for leave being met, the court extended time and granted leave.
4 Oct 2023

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

Citation

[2023] HKCFI 2525
Court

Court of First Instance
Case number

HCAL983/2023

Leave to apply for judicial review was granted and time extended because it was reasonably arguable that the Board failed to take the merits of the proposed appeal into account under s37ZT(2)(b) when refusing to allow late filing and/or failed to give adequate reasons why the merits did not amount to special circumstances, meeting the threshold for leave despite substantial delay.