Read the full judgment text of CAMP 542/2021 on BabelCite. This Court of Appeal judgment was delivered on 6 May 2022 before Kwan VP, G Lam JA.
Non-refoulement claim – judicial review – extension of time – Court of Appeal – Nigerian national – Torture Claims Appeal Board – Director of Immigration – whether extension of time should be granted to appeal decision refusing leave for judicial review – four-factor test (length of delay, reasons for delay, prospects of success, prejudice) – applicant over three weeks late (excluding summer vacation) – explanation that judgment not received within time rejected – court records showed decision sent to last known address and not returned – duty of litigant to provide effective address for service – Re Hasmi Rizwan Imran [2018] HKCA 439 – where delay inexcusable, applicant must show real prospect of success – Secretary for Justice v Hong Kong Yaumatei Ferry Co Ltd [2001] 1 HKC 125 – merits assessed under Nupur Mst v Director of Immigration [2018] HKCA 524 – Court of Appeal only examines decision of judge in light of grounds advanced – not a fresh review of Board's decision – applicant's contentions bare assertions or repetitions – judge entitled to decide on paper under Order 32, rules 11 and 11A and Order 53 rule 3(3) of the Rules of the High Court – no arguable grounds or errors of law identified – summons dismissed.
Legal issues: Acceptability of explanation for delay · Real prospect of success on intended appeal
Outcome: Renewed application for leave to appeal out of time refused; summons dismissed.
Cited by 213 cases · Cites 6 cases