Corpuz Wilma Castillo v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1688/2019

[2024] HKCFI 1807

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1688 of 2019

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BETWEEN

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D E C I S I O N

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1.The applicant is an illegal immigrant by staying in Hong Kong without permission and she lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director 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 Order dated 4 June 2024 (“the Court’s decision”), the Court dismissed her application for the reason that there was no realistic prospect of success in her intended application.

4.The Court’s decision was re-sent to the applicant at her updated address on 25 June 2024 without being returned by the Post Office. She was deemed to receive the Court’s decision[1].

5.The deadline for her to file her notice of appeal is 9 July 2024.

6.In her summon filed on 28 June 2024, the applicant asked for extension of time to file her notice of appeal. In her affirmation in support of her application, the applicant said she received the court’s decision on 25 June 2024.

7.Since her application is within time, it is unnecessary for her to apply for extension of time.

8.In any event, since there is a miscommunication in this matter and the process of this Order may take time, I extend time for the applicant to file her notice of appeal within 14 days from the date of this Decision.

The applicant was unrepresented.