Read the full judgment text of CAMP 118/2021 on BabelCite. This Court of Appeal judgment was delivered on 24 November 2021 before Cheung JA, Au JA.
Administrative and public law – judicial review – non-refoulement claim – extension of time – Court of Appeal – whether to grant renewed application for extension of time to appeal refusal of leave to apply for judicial review – Indian national alleging risk of harm from Akali Dal Party supporters – Director and Torture Claims Appeal Board dismissed claims on BOR3 risk, persecution risk and BOR2 risk – DHCJ Woodcock refused leave to apply for judicial review – applicant almost two years out of time in seeking extension – applicant acting in person – factors considered: length of delay, reasons for delay, prospects of intended appeal, prejudice – higher threshold where delay is inexcusable requiring real prospect of success – ignorance of the law generally not an excuse for delay – role of Court of Appeal in non-refoulement cases is limited to examining decision of judge in light of grounds advanced – Court of Appeal will not entertain new fact-and-evidence sensitive arguments not canvassed below – scope for fresh evidence limited by Ladd v Marshall – applicant's explanation for delay unacceptable and unsupported – applicant failed to advance any particularised grounds pointing to errors in DHCJ Woodcock's decision – intended appeal had no prospect of success – application dismissed.
Legal issues: Whether to grant extension of time to appeal refusal of leave to apply for judicial review
Outcome: The CA Summons is dismissed; the application for extension of time to appeal is refused.
Cited by 81 cases · Cites 8 cases