Read the full judgment text of HCAL 1348/2018 on BabelCite. This Court of First Instance judgment was delivered on 30 April 2021 before Deputy High Court Judge Bruno Chan.
Civil procedure – judicial review – leave to apply – extension of time – Order 53 rule 4(1) and section 21K(6) of the High Court Ordinance (Cap 4) – Applicant Indonesian national who overstayed after premature termination of foreign domestic helper contract and was convicted and sentenced to 12 months' imprisonment – non-refoulement claim based on fear of abusive husband and his creditor in Indonesia – Director of Immigration rejected claim on all applicable grounds including risk of torture, risk of cruel inhuman or degrading treatment or punishment under Article 3 of the Hong Kong Bill of Rights Ordinance (Cap 383), risk of persecution under Article 33 of the 1951 Convention Relating to the Status of Refugees, and right to life under Article 2 of the Hong Kong Bill of Rights Ordinance (Cap 383) – Applicant 15 days late in filing notice of appeal to Torture Claims Appeal Board – Board refused to allow late filing by decision dated 29 August 2016 – Applicant then filed Form 86 more than 1 year 7 months out of time on 10 July 2018 – factors for extending time: length of delay, explanation for delay, merits of substantive application, prejudice, and questions of general public importance – Re Thomas Lai [2014] 6 HKC 1 – AW v Director of Immigration [2016] 2 HKC 393 – no explanation for delay provided in affirmation – Board decision sent to Applicant's last reported address and never returned – whether Board failed to consider merits of appeal before refusing late filing – Re Qasim Ali [2019] HKCA 430 – section 37ZT(2) of Immigration Ordinance (Cap 115) – but proposed grounds mere regurgitations of claim of fear from husband over debt situation with creditor – internal relocation alternative available in Indonesia – TK v Jenkins & Anor [2013] 1 HKC 526 – terms of Order 53 rule 4(1) are mandatory and key obligation is to act promptly – H v Director of Immigration [2020] HKCFA 22 – leave to apply for judicial review is an important filter and only granted if arguability test is satisfied – Po Fun Chan v Winnie Cheung (2007) 10 HKCFAR 676 – large volume of outstanding non-refoulement claims renders re-assessment detrimental to good administration – extension of time refused; leave to apply for judicial review dismissed.
Legal issues: Extension of time for late judicial review leave application · Whether to grant leave to apply for judicial review
Outcome: Extension of time for the application for leave to apply for judicial review refused; application for leave to apply for judicial review dismissed.
Cited by 50 cases · Cites 4 cases