Read the full judgment text of CAMP 151/2019 on BabelCite. This Court of Appeal judgment was delivered on 13 November 2019 before Kwan VP, Au JA.
Civil procedure – application for leave to appeal out of time – judicial review of non-refoulement claim decision – factors for extension of time including length of delay, reasons for delay, prospects of success, and prejudice – Indonesian national – foreign domestic helper with overstayed status – non-refoulement claim based on risk of harm from mother's creditor in Indonesia – rejection by Director on BOR 2, BOR 3 and persecution risk – dismissal of appeal by Torture Claims Appeal Board – whether 25-day delay was substantial – whether applicant's circumstances of recent childbirth, single motherhood, and financial hardship justified delay – whether applicant had a real prospect of success on intended appeal – whether applicant should have been heard in person – whether lack of legal representation at judicial review stage is fatal – whether lack of continuous language assistance renders proceedings unfair – whether quick disposal of non-refoulement cases is discriminatory – summons for leave to appeal out of time dismissed
Legal issues: Extension of time to appeal out of time · Prospects of success of intended appeal
Outcome: Application for leave to appeal out of time dismissed; summons filed on 3 July 2019 dismissed
Cited by 43 cases · Cites 6 cases