Read the full judgment text of CAMP 24/2019 on BabelCite. This Court of Appeal judgment was delivered on 28 June 2019 before Hon Lam VP and Barma JA.
Administrative law – non-refoulement protection – extension of time for appeal – Nigerian national – claim based on fear of harm by Nigerian government over family land refusal for oil exploitation – Whether time should be extended for leave to appeal out of time against refusal of extension of time – Whether intended appeal has prospect of success – Whether right to family life under Article 19 of Hong Kong Bill of Rights constitutes a ground for non-refoulement protection – delay of two and a half months substantial – applicant's explanation (decision did not reach his mailbox) unacceptable – repeated assertions of fear do not constitute valid ground of appeal – Article 19 BOR right to family life is not a ground for non-refoulement protection per Comilang & Anor v Director of Immigration [2019] HKCFA 10 – court will not usurp role of primary decision-makers absent legal error – Refusal Decision [2018] HKCFI 1970 – Extension Decision [2019] HKCFI 189 – application for leave to appeal out of time refused – summons dated 4 February 2019 dismissed
Legal issues: Whether to extend time to appeal out of time against the Extension Decision · Whether the intended appeal has any prospect of success · Whether Article 19 of the Hong Kong Bill of Rights right to family life is a ground for non-refoulement protection
Outcome: Application for leave to appeal out of time refused; applicant's summons dated 4 February 2019 dismissed.
Cited by 1163 cases · Cites 13 cases