Read the full judgment text of CAMP 361/2021 on BabelCite. This Court of Appeal judgment was delivered on 1 April 2022 before Chu JA and Barma JA.
Civil procedure – judicial review – non-refoulement claim – extension of time to appeal – applicant withdrew application for leave to apply for judicial review – whether Judge erred in dismissing rather than treating application as withdrawn – whether Judge should have assessed substantive merits of underlying judicial review – applicant is Bangladeshi national claiming fear of harm from creditor affiliated with Awami League and political enemies due to involvement with Bangladesh Nationalist Party – Director of Immigration and Torture Claims Appeal Board rejected claims on grounds of torture risk, BOR 3 risk, persecution risk and BOR 2 risk – applicant's Form 86 contained no grounds for judicial review – four-factor test for extension of time: length of delay, reasons for delay, prospects of intended appeal, prejudice – three-week delay due to Covid-19 outbreak, health condition and lack of English accepted as not serious – prospects of intended appeal most important consideration – Ground (1) has no merits: Judge correctly dismissed application upon applicant's own request to withdraw, no assessment of merits required where applicant advanced no grounds in Form 86 or affirmation – Ground (2) also fails as it follows from Ground (1) and is in any event a renewed application for extension of time, not an appeal against refusal of extension – health condition and pandemic concerns do not constitute viable grounds of appeal – intended appeal has no prospect of success – extension of time would be futile – application dismissed.
Legal issues: Ground 1 – Whether the Judge erred in dismissing the application for leave to apply for judicial review upon the applicant's request to withdraw, and in failing to assess the substantive merits of the underlying judicial review · Whether to grant the renewed application for extension of time to appeal the dismissal of the application for leave to apply for judicial review
Outcome: Renewed application for extension of time to appeal dismissed; intended appeal held to have no prospect of success.
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