Read the full judgment text of CAMP 28/2019 on BabelCite. This Court of Appeal judgment was delivered on 27 May 2019 before Lam VP, Poon JA.
Civil procedure – judicial review – leave to appeal out of time – non-refoulement claim – Pakistani national fearing harm due to family land dispute with a member of Pakistan Muslim League-N – Director of Immigration rejected claims on BOR 3, persecution, torture, and BOR 2 risks – late notices of appeal/petition to Torture Claims Appeal Board (nearly a year late as to first decision, over two months late as to second) – substantial delays – late application for leave for judicial review (more than five weeks out of time under O 53 r 4, RHC) – judge refused leave on basis grounds were vague, scattered, and without evidential support – applicant then sought extension of time to appeal – whether to treat application as one for leave to appeal out of time – yes, following Tang Chai On v Tang Sing Ki [2016] 5 HKLRD 104 – four-factor test for extension of time (length of delay, reasons for delay, prospect of success, prejudice) – whether intended appeal has any reasonable prospect of success – no – applicant adopted scatter gun approach with 13 general grounds without specific evidence – complaint of lack of professional assistance cannot avail him (Re Zunariyah, Re Zahid Abbas, Re Lopchan Subash, Re Zafar Muazam) – no duty on Judiciary staff to advise – applicant could not meet threshold in Po Fun Chan v Winnie Cheung (2007) 10 HKCFAR 676 – application dismissed – extension of time refused.
Legal issues: Treatment of application as leave to appeal out of time against refusal of leave for judicial review · Whether the intended appeal has any reasonable prospect of success
Outcome: Application dismissed; extension of time to appeal out of time refused.
Cited by 66 cases · Cites 17 cases