Read the full judgment text of CAMP 51/2023 on BabelCite. This Court of Appeal judgment was delivered on 25 January 2024 before Cheung JA, G Lam JA.
Civil procedure – extension of time to appeal – judicial review – non-refoulement – prospect of success – delay – unrepresented applicant – dismissal – The applicant, a Vietnam national, entered Hong Kong illegally and raised a non-refoulement claim based on a creditor's threat. The Director of Immigration rejected the claim and the Torture Claims Appeal Board dismissed his appeal, finding the claim unreliable and the dispute private. The applicant applied for leave to apply for judicial review, which was refused by Deputy High Court Judge Bruno Chan on 31 March 2022. He was out of time to appeal by about 3.5 months and applied to the Judge for an extension of time, which was refused on 12 January 2023. He then filed a renewed application before the Court of Appeal. The court considered the length of delay, reasons (bare assertion of being unrepresented and inability to read English, but decision was mailed without return), prospect of the intended appeal (no error of law or procedural unfairness identified), and no prejudice. The intended appeal had no prospect of success and it would be futile to grant an extension. The application was dismissed.
Legal issues: Extension of time to appeal against refusal of leave for judicial review
Outcome: Application for extension of time to appeal dismissed.
Cited by 2 cases · Cites 3 cases