Luu Van Hoc (Applicant) v Torture Claims Appeal Board / Putative Non refoulement Claims Petition Office (Respondent)

Read the full judgment text of CAMP 35/2023 on BabelCite. This Court of Appeal judgment was delivered on 11 May 2023 before Hon Kwan VP and Chow JA.

Administrative law – judicial review – non-refoulement claim – Vietnamese national – application for leave to apply for judicial review – applicant sought to withdraw his own application – judge dismissed the application after acceding to withdrawal – applicant then sought extension of time to appeal six months out of time – whether to grant extension of time to appeal – four-factor test (length of delay, reasons for delay, prospects of intended appeal, prejudice) – whether the intended appeal has any reasonable prospect of success – judge had no obligation to consider merits of grounds once applicant withdrew – application for extension of time refused – summons dismissed – O. 53 r. 3(4) of the Rules of the High Court (Cap 4A) – Re Manik Md Mahamudun Nabi [2022] HKCA 471 applied – Tang Chai On v Tang Sing Ki [2016] 5 HKLRD 104 considered.

Legal issues: Whether to grant extension of time to appeal against dismissal of leave to apply for judicial review where applicant had previously withdrawn his own application

Outcome: Application for extension of time to appeal refused; summons filed on 30 January 2023 dismissed.

Cited by 26 cases · Cites 3 cases