Read the full judgment text of CAMP 64/2020 on BabelCite. This Court of Appeal judgment was delivered on 23 October 2020 before Kwan VP, Cheung JA.
Administrative law – non-refoulement claim – torture claim – judicial review – leave to apply for judicial review – Indian national – illegal entry – claimed risk of harm from Congress Party supporter Jageera – rejection by Director on BOR 2, BOR 3, torture and persecution grounds – Board dismissed appeal finding problems arose from private matter and noting inconsistencies and contradictions in evidence – leave to apply for judicial review refused by DHCJ Lung on 6 September 2019 – application for extension of time to appeal – one-week delay – applicant detained by Immigration Department – whether extension of time should be granted – whether reasonable prospect of success in intended appeal – four-factor test for extension of time – new ground of procedural unfairness not raised in court below – adjudicator properly assessed credibility and identified inconsistencies – application dismissed
Legal issues: Extension of time to appeal out of time · Reasonable prospect of success in intended appeal
Outcome: Application for leave to appeal out of time dismissed.
Cited by 338 cases · Cites 7 cases