Read the full judgment text of CAMP 231/2022 on BabelCite. This Court of Appeal judgment was delivered on 28 April 2023 before Poon CJHC and Cheung JA.
Civil procedure – extension of time to appeal – non-refoulement protection claim – judicial review – four-factor test – real prospect of success – Applicant, an Indian national, overstayed in Hong Kong and lodged a non-refoulement claim alleging threats from a politically influential person over a land dispute – The Director and the Torture Claims Appeal Board rejected the claim – The Board found the applicant could not recall crucial aspects of his claims, strongly indicative of fabrication – Leave to apply for judicial review refused by DHCJ K.W. Lung on 31 March 2021 – Whether time should be extended to appeal against refusal of leave – Whether applicant had real prospect of success – delay of 36 days inexcusable – applicant illiterate, unrepresented, unaware of 14-day time limit – Court of Appeal applies four-factor test: length of delay, reasons for delay, prospect of intended appeal, and prejudice – In an appeal against refusal of leave in non-refoulement cases, the Court of Appeal only examines the Judge's decision in light of grounds advanced by the applicant, not the Board's decision afresh – Applicant failed to show any valid ground to reverse the Judge's decision – summons dismissed
Legal issues: Whether to extend time for appeal against refusal of leave to apply for judicial review · Whether the applicant has a real prospect of success in the intended appeal
Outcome: Summons dismissed; application for extension of time to appeal refused.
Cited by 176 cases · Cites 3 cases