Tehseen Yaseen v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Read the full judgment text of CAMP 61/2025 on BabelCite. This Court of Appeal judgment was delivered on 9 May 2025 before Kwan VP, Chow JA.
1. On 16 January 2025, Deputy High Court Judge To refused to grant leave for the applicant to apply for judicial review against the decision of the Torture Claims Appeal Board (“ the 1 st Refusal ”) [1] . The applicant filed a summons with the Court of First Instance on 18 February 2025 to apply for extension of time to appeal against the 1 st Refusal. As it was found that the notice of hearing of the leave application was not sent to the correct address, the judge exercised his discretion to s
Outcome: Summons dismissed as futile.
Cited by 2 cases · Cites 4 cases
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CAMP 61 /2025, [2025] HKCA 424 On appeal from [2025] HKCFI 279 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO 61 OF 2025 (ON AN INTENDED APPEAL FROM HCAL NO 967 OF 2021) ________________________ BETWEEN
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________________________ J U D G M E N T ________________________ Hon Kwan VP (giving the Judgment of the Court): Background 1.On 16 January 2025, Deputy High Court Judge To refused to grant leave for the applicant to apply for judicial review against the decision of the Torture Claims Appeal Board (“the 1st Refusal”)[1]. The applicant filed a summons with the Court of First Instance on 18 February 2025 to apply for extension of time to appeal against the 1st Refusal. As it was found that the notice of hearing of the leave application was not sent to the correct address, the judge exercised his discretion to set aside the 1st Refusal and re-fix the leave application for hearing by his decision and order dated 14 March 2025[2]. 2.On 24 March 2025, the applicant filed the present summons to seek extension of time to appeal against the order dated 14 March 2025. 3.As the judge has already set aside the 1st Refusal, the present summons has become futile. 4.The leave application was re-fixed to be heard on 31 March 2025 and was dismissed on 10 April 2025 (“the 2nd Refusal”)[3]. If the applicant intends to appeal against the 2nd Refusal, the appropriate way is to file a new summons with the Court of First Instance pursuant to Order 59 rule 14(4) of the Rules of the High Court (Cap 4A) for extension of time to appeal against the order dated 10 April 2025. 5.For the above reasons, we dismiss the summons filed on 24 March 2025.
The Applicant, acting in person |
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