Read the full judgment text of CAMP 168/2019 on BabelCite. This Court of Appeal judgment was delivered on 13 November 2019 before Hon Kwan VP and Chu JA.
Immigration – non-refoulement – judicial review – leave to appeal out of time – extension of time – prospect of success – delay – Bangladesh – Awami League – Torture Claims Appeal Board – Director of Immigration – Court of Appeal – CAMP 168/2019 – The applicant, a Bangladeshi national, sought leave to appeal out of time against the refusal of leave to apply for judicial review of decisions rejecting his non-refoulement claim. The Court of Appeal applied the four-factor test for extension of time: length of delay, reasons for delay, prospect of success, and prejudice. The delay of 24 days was substantial and inexcusable as the applicant failed to maintain a valid address. The applicant failed to show any real prospect of success in the intended appeal, as his complaints were not raised below and the judge had given reasons for refusal. The court also noted that new arguments not raised at first instance would not be entertained. The summons was dismissed.
Legal issues: Extension of time to appeal against refusal of leave for judicial review
Outcome: Application for extension of time to appeal dismissed; summons filed on 22 July 2019 dismissed.
Cited by 2 cases · Cites 5 cases