Re Irin Susanti

HCAL 1731/2018

[2021] HKCFI 1186

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

ACTION NO 1731 OF 2018

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Before: Deputy High Court Judge K.W. Lung in Chambers

Date of Decision: 10 May 2021

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D E C I S I O N

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The application

1.The applicant filed a summons on 22 March 2021 for extension of time to appeal against the Court’s decision as described below.

2.The applicant is an Indonesian national. She arrived in Hong Kong in 2011 as a domestic helper. Her employment contract was terminated. She overstayed and was arrested by police. She lodged her non-refoulement claim with the Immigration Department on 30 November 2014.

3.By Notice of Decision dated 22 April 2015 (“the Director’s Decision”), the Director rejected her claim and she appealed to the Appeal Board/Non-refoulement Claims Petition Office (the “Board”). The Board considered her appeal and by its Decision dated 30 September 2015 (“the Board’s Decision”), it refused her appeal and affirmed the Director’s Decision.

4.The applicant applied to the High Court for leave to apply for judicial review of the Board’s Decision. Having considered the merits of the case, by Form Call-1 dated 7 August 2020 (“the Court’s decision”), the Court found that there was no merit in her proposed judicial review. The Court dismissed her application for leave to apply for judicial review.

5.In her affirmation in support of this application, the applicant said that she did not receive the letter from the court.

6.The Court’s Form Call-1 was sent to the applicant’s last known address. Pursuant to Order 65, rule 5 (2A) of the Rules of the High Court (“RHC”), it is deemed to have served on her two days after the date of the letter in the ordinary course of the post, as it was not returned unserved.

7.By virtue of Order 32, rule 11A(1)(a) of the RHC, this Court decide to determine this application without an oral hearing.

8.In Re Adumekwe Rowland Ejike [2019] HKCA 702 28 June 2019, the Court of Appeal held that the Court has to consider the prospect of the intended appeal in order to determine whether time should be extended.

9.The Board had given its reasons for its decision. It found that the applicant having been raped did not amount to torture; that state protection was available to her and that internal relocation was an option open to her.

10.There is no evidence to show that the Board erred in its finding of the facts or the application of the law to her case.

11.She was unable to say in what respect the Court’s decision was wrong in her affirmation. The reason in paragraph 5 above will not assist her.

12.Since there is no reasonable prosper of success in her intended appeal, I decline to extend time for her intended appeal.

13.I dismiss her application.