Read the full judgment text of CAMP 261/2019 on BabelCite. This Court of Appeal judgment was delivered on 29 April 2020 before Lam VP, Au JA.
Administrative law – judicial review – non-refoulement claim – extension of time – appeal – interlocutory decision – Court of Appeal – Pakistani national – overstayer – torture claim – persecution risk – CIDTP risk – right to life – whether extension of time should be granted for renewed application for leave to appeal – whether applicant has reasonable prospect of success in intended appeal – 13-month delay in seeking leave to appeal against refusal of leave to apply for judicial review – bare assertion of unawareness due to detention as explanation for delay – applicant able to write to court and obtain assistance while detained – Director of Immigration rejected claim on all four non-refoulement grounds – Torture Claims Appeal Board dismissed appeal – judge found application grossly out of time with no satisfactory explanation and no merit – first extension of time also refused – renewed application to Court of Appeal – Court of Appeal applies four-factor test: length of delay, reasons for delay, prospects of intended appeal, and prejudice – Court of Appeal will not disturb discretion absent error of law or principle, reliance on irrelevant consideration, or failure to consider relevant consideration – in non-refoulement cases, Court will not examine Board decision afresh on appeal from refusal of leave – bare assertions insufficient to constitute viable grounds – Court of Appeal treats summons as renewed application for extension of time under Tang Chai On v Tang Sing Ki – High Court Ordinance Cap 4 s.14AA – Order 53 rule 4(1) and Order 59 rules 2A(8) and 2B(1) of Rules of High Court Cap 4A – Kwok Cheuk Kin v Leung Chun Ying applied on interlocutory nature of extension of time decision – summons dismissed – no oral reconsideration permitted
Legal issues: Whether to extend time for the applicant's renewed application for leave to appeal against refusal of judicial review · Whether the applicant has any reasonable prospect of success in the intended appeal against the judge's refusal of leave for judicial review
Outcome: The renewed application for leave to appeal is dismissed. The Court of Appeal treated the applicant's summons as a renewed application for extension of time and refused to extend time, finding the 13-month delay excessive, unexplained, and the intended appeal had no prospect of success.
Cited by 42 cases · Cites 10 cases