Read the full judgment text of CAMP 328/2023 on BabelCite. This Court of Appeal judgment was delivered on 22 November 2024 before Kwan VP and Barma JA.
Administrative law – judicial review – non-refoulement claim – Vietnamese national – alleged risk from creditor and Vietnamese police – extension of time to appeal – out of time application – applicant's failure to explain delay – prospect of success as important factor – no extension for hopeless appeals – appellate review of refusal of leave to apply for judicial review – court only examines decision of judge in light of grounds advanced – assessment of evidence and country of origin information within province of Board and Director – court will not intervene absent error of law, procedural unfairness or irrationality – fresh evidence and new arguments generally not entertained on appeal – Ladd v Marshall test – Board has no positive duty to elicit materials not raised by claimant – whether the applicant has identified any viable ground of appeal against the Judge's decision refusing leave to apply for judicial review – general allegations without particulars – new allegation of feared torture by Vietnamese police raised for the first time in the Court of Appeal without supporting evidence or application to adduce new evidence – held no error of law, procedural unfairness or irrationality in the Board's decision – applicant has not identified any error in the Judge's decision – no prospect of success in intended appeal – application for extension of time to appeal refused – Summons dismissed.
Legal issues: Whether to extend time for the applicant to appeal out of time against the Judge's order · Whether the intended appeal against the Judge's refusal of leave to apply for judicial review has any viable grounds
Outcome: Application for extension of time to appeal refused; applicant's Summons dismissed.
Cited by 70 cases · Cites 12 cases