Read the full judgment text of CAMP 240/2019 on BabelCite. This Court of Appeal judgment was delivered on 13 May 2021 before Hon Lam VP and Barma JA.
Administrative law – judicial review – non-refoulement claim – application for extension of time to appeal – Pakistani national – threats from paternal uncle over land dispute – claim rejected by Director of Immigration and Torture Claims Appeal Board – extension of time test requiring real prospect of success – Whether applicant provided satisfactory explanation for delay – Whether intended appeal has merit – Whether Board acted in a procedurally unfair manner – BOR 2 and BOR 3 risk under Hong Kong Bill of Rights Ordinance (Cap 383) – torture risk under Part VIIC of Immigration Ordinance (Cap 115) – non-refoulement principle under Article 33 of 1951 Refugee Convention – Order 53 Rule 3(4) – Explanation that applicant was in prison unsupported by evidence – Submissions not engaging with judge's reasons or identifying any error – General unparticularised assertions insufficient – No public law ground to interfere – Summons dismissed.
Legal issues: Whether to grant extension of time to appeal against refusal of leave to apply for judicial review
Outcome: Summons dismissed; application for extension of time to appeal refused.
Cited by 109 cases · Cites 4 cases