Read the full judgment text of CAMP 246/2023 on BabelCite. This Court of Appeal judgment was delivered on 18 October 2023 before Cheung JA and G Lam JA.
Immigration – non-refoulement claim – torture claim – judicial review – extension of time to appeal – leave to apply for judicial review – Vietnamese national – claim based on threats from creditor in Vietnam – withdrawal of non-refoulement claim – subsequent reinstatement – rejection by Director of Immigration – affirmation by Tribunal – applicant initially filed Form 86 to seek leave for judicial review then withdrew application by affirmation – Judge dismissed application based on documents – application for extension of time to appeal – whether to grant extension of time – whether intended appeal has prospect of success – Judge's decision squarely based on applicant's own affirmation of withdrawal – applicant failed to retract affirmation – nothing irregular in dismissal – application wholly misconceived – Re Manik Md Mahamudun Nabi [2022] HKCA 471 applied – determination on written materials without oral hearing under Order 59 rule 14A of the Rules of the High Court – Hong Kong Bill of Rights Ordinance (Cap 383) ss.8 Articles 2 and 3 – Immigration Ordinance (Cap 115) Part VIIC – 1951 Convention relating to the Status of Refugees and 1967 Protocol Article 33 – summons dismissed.
Legal issues: Whether to grant extension of time to appeal against dismissal of leave to apply for judicial review · Whether the intended appeal has any prospect of success
Outcome: Application for extension of time to appeal dismissed; summons dismissed.
Cited by 15 cases · Cites 2 cases