Read the full judgment text of CAMP 253/2023 on BabelCite. This Court of Appeal judgment was delivered on 30 January 2024 before Hon Cheung JA, Hon Au JA.
Immigration – non-refoulement – judicial review – extension of time to appeal – leave to appeal – prospect of success – Vietnam – private debt – Convention reason – Torture Claims Appeal Board – Director of Immigration – BOR Articles 2 and 3 – Rules of the High Court Order 53 rule 3(4) – Order 59 rule 14A(1) – The applicant, a Vietnam national, sought judicial review of the Board's decision dismissing his non-refoulement claim based on fear of harm from a creditor over unpaid debts. The judge refused leave for judicial review, finding no proper grounds. The applicant was one day late in appealing and sought an extension of time. The Court of Appeal applied the four-factor test: length of delay (one day, insignificant), reasons for delay (not discussed), prospect of intended appeal (no prospect of success as no error of law or procedural unfairness identified), and prejudice (not considered). The intended appeal was unarguable, making an extension futile. The renewed application for extension of time to appeal was dismissed.
Legal issues: Extension of time to appeal
Outcome: Renewed application for extension of time to appeal dismissed.
Cited by 2 cases · Cites 3 cases