Read the full judgment text of CAMP 112/2018 on BabelCite. This Court of Appeal judgment was delivered on 14 December 2018 before Yeung Ag CJHC, Poon JA.
Administrative law – judicial review – non-refoulement protection claim – application for extension of time to appeal – Pakistani national – claim based on fear of harm from Rana caste members and law enforcement authorities – rejected by Director of Immigration and Torture Claims Appeal Board – application for leave to apply for judicial review refused by Deputy High Court Judge – whether to grant extension of time – four-factor test: length of delay, reason for delay, prospect of success, prejudice to respondent – delay of more than 5 weeks substantial – applicant claimed not to have received CALL-1 Form but address was correct and no returned mail recorded – arguability of intended appeal important consideration – whether reasonable prospect of success – applicant represented himself in person – complaints of lack of legal representation, language assistance, wrongful exercise of case management power, and lack of fair hearing – whether the Board achieved high standards of fairness – 'rigorous examination and anxious scrutiny' standard – Director's brief further decision on BOR 2 risk sufficient when read with earlier detailed decision – application totally devoid of merits – summons dismissed – intended appeal doomed to fail – Order 59 rule 2A(8) order that no oral reconsideration.
Legal issues: Whether to grant extension of time to appeal against refusal of leave to apply for judicial review
Outcome: Application for extension of time dismissed; the summons dated 12 July 2018 is dismissed.
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