Re Wiwik Rohyatin

HCAL 2558/2018

[2022] HKCFI 1516

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2558 OF 2018

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

Date of Decision:  1 June 2022

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D E C I S I O N

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The application

1.The applicant is an illegal immigrant and she lodged a non-refoulement claim with the Director of Immigration (the “Director”). The Director, by his Decision, rejected her application and she appealed to the Torture Claims Appeal Board (the “Board”). Having considered her evidence, the Board, by its Decision (the “Board’s Decision”), rejected her appeal and affirmed the Director’s Decision.

2.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.By Form CALL-1 dated 28 February 2022 (the “Court’s decision”), the Court dismissed her application for the reason that there is no realistic prospect of success in her intended judicial review.

4.The applicant filed a summons on 25 April 2022 for appeal against the Court’s decision out of time. The deadline for her to file her notice of appeal is 14 March 2022 (14 days after 28 February 2022). Since the Court Registry was closed between 7 March 2022 and 11 April 2022, the deadline for her to appeal becomes 26 April 2022 (14 days after 11 April 2022).

5.In her affirmation in support of her application, she said she was late because of COVID-19.

Discussion

6.Since the applicant was within time to appeal when she made this application, I extend time for her to file her notice of appeal for 14 days from the date of this order.

The applicant was unrepresented.