Re Surtini

HCAL 2554/2018

[2022] HKCFI 1694

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2554 OF 2018

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D E C I S I O N

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1.The applicant is an illegal immigrant by overstaying 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 March 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. Because of the COVID-19 virus, the court registry was closed between 7 March 2022 and 11 April 2022, such period should be discounted for the time for appeal. The deadline for the appeal is therefore 26 April 2022, 14 days after 12 April.

4.The applicant filed a summons on 21 April 2022 for appeal against the Court’s decision out of time.

5.The applicant is therefore within time to appeal when she took out the application. I extend time for her appeal. She has to file her notice of appeal within 14 days after today’s date.

The applicant was unrepresented.