Read the full judgment text of CAMP 104/2023 on BabelCite. This Court of Appeal judgment was delivered on 25 January 2024 before Cheung JA and G Lam JA.
Civil procedure – extension of time to appeal – judicial review – non-refoulement claim – Immigration Ordinance (Cap. 115) sections 37ZS and 37ZT – late filing of notice of appeal to Torture Claims Appeal Board – applicant is a Philippines national who overstayed as a foreign domestic helper and raised non-refoulement claim based on alleged threat from boyfriend – Director of Immigration rejected claim – Board dismissed late appeal without considering merits – whether to grant extension of time to appeal from refusal of leave to apply for judicial review – four-factor test: length of delay, reasons for delay, prospects of intended appeal, prejudice – delay of over one and a half years without proper explanation – however intended judicial review reasonably arguable – whether Board erred in not considering merits under section 37ZT(2)(b) – following Re Qasim Ali [2019] HKCA 430, the Board should have taken account of the merits of the appeal on paper without a hearing regardless of procedural breaches or lack of explanation – Re Khan Kamal Ahmed applied – Court of Appeal has discretion to allow new grounds in interest of justice – extension of time to appeal granted – applicant required to file notice of appeal within 28 days from date of decision.
Legal issues: Whether to grant extension of time to appeal from refusal of leave to apply for judicial review
Outcome: Extension of time to appeal granted; applicant required to file notice of appeal within 28 days from the date of the decision
Cited by 25 cases · Cites 5 cases