Read the full judgment text of CAMP 191/2018 on BabelCite. This Court of Appeal judgment was delivered on 13 March 2019 before Yuen JA and Kwan JA.
Administrative law – judicial review – leave to apply for judicial review – non-refoulement claim – extension of time to appeal – Torture Claims Appeal Board – Court of Appeal – Indian national overstayer claiming risk of harm from political party members if returned to India – Director of Immigration rejecting claim – TCAB dismissing appeal on basis of inconsistencies in factual allegations and applicant's confirmation that he had ceased to be a CPI(M) member – applicant filing Form 86 for judicial review – judge dismissing application in applicant's absence for lack of reasonable prospect of success – applicant applying approximately one and a half years out of time to appeal – four-factor test for extension of time in Chee Fei Ming v Director of Food and Environmental Hygiene [2015] 4 HKC 134 – length of delay, reasons for delay, prospect of success, and prejudice – prospect of success as crucial consideration – bare assertion of non-receipt of order and ignorance of 14-day rule not satisfactory explanation – TCAB as fact-finding tribunal having found inconsistencies – judge correctly disposing of alleged procedural improprieties – no reasonable prospect of success – extension of time refused – application dismissed – order made under Order 59 rule 2A(8) of the Rules of the High Court that the applicant may not request the determination to be reconsidered at an oral hearing because the application was totally without merit.
Legal issues: Whether to extend time for appealing against a decision refusing leave to apply for judicial review · Whether to make an order under Order 59 rule 2A(8) of the Rules of the High Court
Outcome: Application for extension of time to appeal dismissed; order made under O.59 r.2A(8) that the applicant may not request reconsideration at an oral hearing
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