Read the full judgment text of CAMP 52/2017 on BabelCite. This Court of Appeal judgment was delivered on 4 January 2018 before Lam VP, Kwan JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal – extension of time – delay – real prospect of success – new grounds – no merit – application dismissed – order preventing reconsideration. The applicant, a failed non-refoulement claimant, sought an extension of time to appeal against the refusal of leave to apply for judicial review. The Court of Appeal held that the applicant failed to provide a cogent explanation for the two-month delay and that the intended appeal had no real prospect of success. The court applied the principle from Secretary for Justice v Hong Kong & Yaumati Ferry Co Ltd that extension of time requires both a reasonable excuse for delay and a meritorious appeal. The new grounds raised by the applicant were not the same as those before the judge and were without merit; the Board's findings on credibility were open to it and no error of law or procedural unfairness was shown. The application was dismissed and an order made under Order 59 Rule 2A(8) that no oral hearing may be requested.
Legal issues: Extension of time to appeal against refusal of leave for judicial review
Outcome: Application for extension of time to appeal dismissed.
Cited by 3 cases · Cites 3 cases