Re Jamilah

HCAL 290/2018

[2021] HKCFI 1134

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 290 OF 2018 

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 22 April 2021

Date of Decision: 22 April 2021

Date of Reasons for Decision: 23 April 2021

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Reasons for Decision

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1.On 8 September 2020 and on paper without hearing I extended time of 14 days for the applicant to file her intended appeal against my decision dated 25 May 2020 in refusing to grant leave to her application to apply for judicial review of the decision of the Torture Claims Appeal Board (“Board”) upon finding that she was not at fault when she was not allowed by the Registry to file her notice of appeal within time for the facts and reasons as set out in my decision of 8 September 2020.

2.The applicant now by a summons issued on 13 January 2021 applied for further extension of time to file her intended appeal, as she explained at the hearing that when she received my decision of 8 September 2020 in the mail, as she cannot read or understand English, she had had to find someone to explain the decision to her and to advise her of the appeal procedure, but by the time she was able to do so, she was already out of time to file her notice of appeal, and hence she had to apply for further extension of time, for which she was prepared to undertake to do so within 7 days as she has already obtained legal assistance to prepare the necessary documentation.      

3.I accepted the applicant’s explanation, and upon her undertaking to do so within 7 days, I extended time for her to file her notice of appeal by not later than 29 April 2021.  

The applicant appeared in person