Read the full judgment text of CAMP 75/2017 on BabelCite. This Court of Appeal judgment was delivered on 30 April 2018 before Lam VP, Chu JA.
Administrative law – judicial review – non-refoulement claim – extension of time to appeal – whether delay in lodging appeal excusable – whether intended appeal has real prospect of success – applicant entered Hong Kong illegally in December 2013 and lodged non-refoulement claim – Director of Immigration rejected claim in November 2015 – Torture Claims Appeal Board dismissed appeal in February 2017 – Deputy High Court Judge refused leave to apply for judicial review out of time on ground of no merit – applicant failed to lodge appeal within 14-day period under Order 53 Rule 3(4) of the Rules of the High Court – application for extension of time made 60 days out of time – whether delay excusable – whether bare assertion of depression, disappointment and feeling unwell constitutes cogent explanation for delay – held: no – in absence of cogent explanation, extension of time should not be granted unless applicant has real prospect of success – whether intended appeal has real prospect of success – held: no – adjudicator conducted detailed and careful credibility analysis – court will not usurp Board's role as primary decision-maker on merits – no reasonably arguable basis to challenge Board's evaluation of evidence by judicial review – extension of time refused for hopeless appeal – summons dismissed.
Legal issues: Whether extension of time to appeal should be granted · Whether the intended appeal has a real prospect of success
Outcome: Application for extension of time to appeal dismissed.
Cited by 249 cases · Cites 9 cases