Read the full judgment text of CAMP 199/2018 on BabelCite. This Court of Appeal judgment was delivered on 29 May 2019 before Hon Lam VP and Au JA.
Administrative law – judicial review – non-refoulement claim – extension of time – Pakistani national – private dispute with girlfriend's family alleged to amount to persecution – Director of Immigration and Torture Claims Appeal Board rejected claim on article 3 torture/CIDTP, persecution, torture under Part VIIC Immigration Ordinance, and article 2 right to life grounds – application for leave to apply for judicial review filed out of time – Deputy High Court Judge refused extension of time and leave to apply for judicial review – applicant sought leave to appeal out of time from Court of Appeal – whether extension of time should be granted – whether intended appeal has real prospect of success – whether state acquiescence or involvement applies – whether Judge failed to provide detailed reasons – four-factor test for extension of time in non-refoulement cases: length of delay, reasons for delay, chance of success, prejudice – delays of more than 5 weeks and 3 weeks respectively, with no explanation – applicant cannot rely on state acquiescence in a private dispute – complaints of inadequate reasons are general assertions without particulars – application dismissed – summons of 21 December 2018 dismissed.
Legal issues: Whether to grant extension of time for renewed application for leave to appeal · Whether the intended appeal has real prospect of success · Whether state acquiescence or involvement applies · Whether the Judge failed to provide detailed reasons
Outcome: Application for leave to appeal out of time dismissed.
Cited by 246 cases · Cites 8 cases