Read the full judgment text of CAMP 54/2021 on BabelCite. This Court of Appeal judgment was delivered on 23 June 2021 before Chu JA and Barma JA.
Civil procedure – judicial review – non-refoulement claim – extension of time to appeal – Court of Appeal – applicant an Indian national who overstayed in Hong Kong – non-refoulement claim based on fear of harm by Shiromani Akali Dal party supporters in Punjab for reporting desecration of Holy Book of Sikhs – Director of Immigration rejected claim on torture, BOR 2, BOR 3 and persecution risk grounds – Torture Claims Appeal Board dismissed appeal on credibility grounds – leave to apply for judicial review refused by Deputy High Court Judge – whether extension of time to appeal should be granted – four-factor test (length of delay, reasons for delay, prospects of appeal, prejudice) – delay of one month not insignificant – applicant failed to inform court of change of address – no viable grounds of appeal identified in summons or affirmation – intended appeal has no real prospect of success – Nupur Mst v Director of Immigration applied – assessment of credibility and risk is for the Board as primary decision-maker – court will not interfere absent legal errors, irrationality or procedural irregularities – application for extension of time dismissed.
Legal issues: Extension of time to appeal against refusal of leave to apply for judicial review in non-refoulement case
Outcome: Application for extension of time to appeal dismissed
Cited by 149 cases · Cites 4 cases