Read the full judgment text of CAMP 53/2019 on BabelCite. This Court of Appeal judgment was delivered on 10 September 2019 before Hon Lam VP and Au JA.
Civil procedure – extension of time – non-refoulement claim – judicial review – Bangladesh national – alleged fear of harm from Bangladesh Nationalist Party supporters and creditors – multiple identities used to enter Hong Kong over two decades – claim rejected by Director of Immigration and Torture Claims Appeal Board – Judge refused leave to apply for judicial review – 16-month delay in applying for extension of time – delay substantial and inexcusable – real prospect of success threshold not met – whether intended appeal has real prospect of success – whether Board erred in failing to consider state acquiescence – whether Judge failed to give detailed reasons – Board's adverse credibility findings, lack of severity of injuries, availability of state protection, and viability of internal relocation primarily within Board's province – no public law errors identified – state acquiescence concepts not engaged where factual foundation rejected – Judge provided adequate and detailed reasons – application dismissed – no party may request reconsideration at oral hearing inter partes under Order 59, Rule 2A(8) of the Rules of the High Court (Cap 4A).
Legal issues: Whether the intended appeal has real prospect of success · State acquiescence / involvement · Adequacy of the Judge's reasoning
Outcome: Renewed application for extension of time to appeal dismissed; intended appeal refused.
Cited by 144 cases · Cites 8 cases