Read the full judgment text of HCAL 2877/2018 on BabelCite. This Court of First Instance judgment was delivered on 20 October 2020 before Deputy High Court Judge C P Pang.
Constitutional and administrative law – judicial review – non-refoulement claim – extension of time – leave to appeal – Court of Final Appeal – sub-contract refused to extend time for late application for leave to apply for judicial review of decision of Torture Claims Appeal Board confirming Director of Immigration's refusal of non-refoulement claim – applicant directed by court to apply by summons for leave to appeal within 14 days pursuant to MI & IYW v Permanent Secretary for Security [2018] 4 HKC 440 – whether summons for leave to appeal should be treated as summons to extend time to file Notice of Appeal following CFA's decision in H v Director of Immigration and AH v Director of Immigration, FACV 1 & 2 of 2020, [2020] HKCFA 22, that extension of time application is not a discrete application separate from the application for leave, and that no leave under s.14AA High Court Ordinance is required to appeal a refusal of extension of time – appeal lies as of right under Order 53 r.3(4) RHC within 14 days by Notice of Appeal – applicant filed summons for leave to appeal on 27 May 2020 in compliance with court's direction, one day before expiry of 14-day appeal period on 28 May 2020 – summons treated as summons to extend time and determined without hearing – application granted – time to file Notice of Appeal extended by 14 days from the date of the order.
Legal issues: Whether to treat summons for leave to appeal as application to extend time to file Notice of Appeal following CFA decision in H v Director of Immigration
Outcome: Application granted; summons for leave to appeal treated as summons to extend time to file a Notice of Appeal, with a 14-day extension granted from the date of the order.
Cited by 29 cases · Cites 1 case