Read the full judgment text of CAMP 87/2023 on BabelCite. This Court of Appeal judgment was delivered on 20 September 2023 before Kwan VP and Barma JA.
Administrative law – judicial review – non-refoulement claim – leave application withdrawn by applicant of her own accord – subsequent application to re-open or continue judicial review – whether application should be treated as re-opening or as application for extension of time to appeal – whether extension of time should be granted – four-factor test for extension of time – length of delay – reasons for delay – prospects of intended appeal – prejudice to respondent – no explanation for delay – requirement to show real prospect of success on the merits – Secretary for Justice v Hong Kong Yaumatei Ferry Co Ltd [2001] 1 HKC 125 – applicant previously withdrew judicial review on stated basis that she wished to return to Philippines and her life was no longer in danger – judge entitled to dismiss leave application without assessing merits where applicant withdrew of own accord – Re Manik Md Mahamudun Nabi [2022] HKCA 471 – no viable ground put forward against dismissal of leave application – applicant filed no written submissions as directed and deemed to have abandoned right to rely on them – application for extension of time to appeal refused – summons dismissed.
Legal issues: Whether the application for extension of time to appeal against dismissal of leave application for judicial review should be granted
Outcome: Application for extension of time to appeal refused; summons filed on 24 February 2023 dismissed.
Cited by 18 cases · Cites 4 cases