Read the full judgment text of HCAL 677/2019 on BabelCite. This Court of First Instance judgment was delivered on 18 November 2022 before Deputy High Court Judge K.W. Lung.
Administrative law – non-refoulement claim – judicial review – leave application dismissed – application for extension of time to appeal – illegal immigrant – Torture Claims Appeal Board rejected claim on credibility grounds – Order 53, rule 3(2) RHC – Order 32, rule 11 and 11A RHC – AW v. Director of Immigration and William Lam [2016] 2 HKC 393 four-factor test – length of delay – reasons for delay – prospect of success – prejudice – Re Adumekwe Rowland Ejike [2019] HKCA 702 – whether extension of time should be granted – held: no – applicant 1 month and 14 days late with no explanation – no realistic prospect of success – claim lacked credibility – no fear of in-laws – last threats in 2016 – no allegations of influence – no harm suffered – state protection and internal relocation viable – application dismissed.
Legal issues: Whether to grant extension of time to appeal
Outcome: Application for extension of time dismissed; time not extended.
Cited by 2 cases · Cites 4 cases