Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Re-opening of withdrawn claims

Legal area

Court

16 Jan 2023

ESMIRALDE NAGUIMBING RUZ v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 119
Court

Court of First Instance
Case number

HCAL23/2019

Application for leave was dismissed and extension of time refused because the applicant delayed approximately eleven months without satisfactory explanation, had no realistic prospect of success on the merits as the Board correctly applied section 37ZG and found the applicant's reasons (family care and lack of transport funds) were not circumstances beyond his control, there was no procedural unfairness and the Board's conclusions were not Wednesbury unreasonable.
23 Dec 2020

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

Citation

[2020] HKCFI 3145
Court

Court of First Instance
Case number

HCAL1023/2018

Because the claimant repeatedly failed to submit the required SCF, did not produce sufficient evidence that his failure was due to circumstances beyond his control, and filed the leave application with a very substantial unexplained delay of almost seven months and no reasonably arguable grounds, the court refused to extend time and dismissed the application for leave to apply for judicial review.