Read the full judgment text of CAMP 17/2019 on BabelCite. This Court of Appeal judgment was delivered on 27 May 2019 before Hon Lam VP and Poon JA.
Administrative and immigration law – non-refoulement claim – judicial review – leave to apply for judicial review refused – application for leave to appeal out of time – extension of time to appeal – Rules of the High Court (Cap 4A) Order 53, rule 3(4) – Pakistani national fearing harm from Al Qaeda – whether the delay in appealing was excusable – whether the intended appeal had any prospects of success – duty of litigant to provide an effective address for service – it is not the role of the Court of Appeal to examine the Board's decision afresh in an appeal against refusal of leave – appeal against refusal of leave is not the occasion to regurgitate arguments already rejected – whether repetition of factual background constitutes a valid ground of appeal – Board found Al Qaeda was not a state agent, injuries did not attain requisite severity, internal relocation was viable, and applicant lacked credibility – Judge found no error of law, procedural unfairness, or irrationality – summons dismissed – no oral reconsideration pursuant to Order 59, rule 2A(8).
Legal issues: Whether to grant extension of time to appeal against refusal of leave to apply for judicial review · Whether the intended appeal has any prospects of success
Outcome: The summons dated 31 January 2019 is dismissed. The application for extension of time to appeal is refused.
Cited by 81 cases · Cites 14 cases