Read the full judgment text of CAMP 300/2021 on BabelCite. This Court of Appeal judgment was delivered on 9 September 2022 before Chu JA, Poon JA.
Civil procedure – extension of time to appeal – judicial review – non-refoulement claim – Renewal application under Order 59 rule 14A(1) of the Rules of the High Court, Cap 4A – Test for extension of time: length of delay, reasons for delay, prospects of intended appeal, prejudice to respondent – Whether intended appeal has any prospect of success – Indonesian national whose late notice of appeal to Torture Claims Appeal Board was refused for inordinate and inexcusable delay – Section 37ZS(1), 37ZT(2) and 37ZT(3) of the Immigration Ordinance, Cap 115 – Judicial review application under Order 53 rule 4(1) filed over one year and seven months out of time – Deputy High Court Judge refused to extend time and refused leave to apply for judicial review – First summons for extension of time to appeal dismissed by Judge – Renewed application to Court of Appeal – Court of Appeal's role in non-refoulement cases: not to re-examine Board's decision afresh but to examine judge's decision in light of grounds advanced by applicant per Nupur Mst v Director of Immigration [2018] HKCA 524 – Re Qasim Ali [2019] HKCA 430 – H v Director of Immigration; AH v Director of Immigration [2020] HKCFA 22 – AW v Director of Immigration [2016] 2 HKC 393 – TK v Jenkins & Anor [2013] 1 HKC 526 – Three-day delay in filing appeal summons accepted as short and explained by applicant being unrepresented – Written submission containing irrelevant or misplaced arguments including reference to section 37ZO of Immigration Ordinance which was not engaged – Applicant failed to identify any error in Judge's decision warranting intervention – Intended appeal held to have no prospect of success making extension of time futile – Summons dismissed.
Legal issues: Whether to extend time to appeal refusal of leave to apply for judicial review
Outcome: Application for extension of time to appeal dismissed; the summons filed on 29 July 2021 is dismissed.
Cited by 49 cases · Cites 6 cases