Compay Irene Navarro and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 2455/2019 and HCAL 550/2023 (Heard together) [2024] HKCFI 3348 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 2455 OF 2019 _____________
_____________ AND IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 550 OF 2023 _____________
_____________ (Heard Together)
_______________ D E C I S I O N _______________ The application 1.The 1st applicant is the mother and the guardian ad litem of the 2nd applicant, her daughter, aged 13, the 3rd applicant, her daughter, aged 4 and the 4th applicant, her son, aged 4 (“the children”). 2.The mother and the children lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected their application and they appealed to the Torture Claims Appeal Board (“the Board”). Having considered the evidence, the Board, by its Decision (“the Board’s Decision”), rejected their appeal and affirmed the Director’s Decision. 3.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicants filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision. 4.By Order dated 7 October 2024 (“the Court’s decision”), the Court dismissed their application for the reason that there was no realistic prospect of success in their intended application. 5.The Court’s decision was sent to the applicants on 7 October 2024 without being returned by the Post Office. They were deemed to receive the Court’s decision[1]. 6.The deadline for them to file their notice of appeal is 21 October 2024[2]. 7.In their summons filed on 22 October 2024, the applicants asked for extension of time to file their notice of appeal. In the mother’s affirmation in support of their application, the mother said she said:
8.Their application for appeal is late for 1 day only. Discussion 9.Pursuant to Order 32, rule 11 and 11A and Order 53, rule 3(3) of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing[3]. 10.Since the delay is only 1 day and the mother has given the reason that her child was sick, though there is no medical evidence in support of the mother’s assertion, I shall give the benefit of the doubt and extend time for the applicants to file the notice of appeal within 7 days from the date of this Order.
The applicants were unrepresented. [1] Re: Ravinder Singh [2023] HKCA 604, Hon Poon CJHC and Cheung JA, 28 April 2023
[2] Order 53, rule 3(4), RHC
Order 3, rule 2(2), RHC
[3] Ogbozor Tochukwu Eugene v Torture Claims Appeal Board/Non-refoulement Claims Petition Office and Director of Immigration [2022] HKCA 607, Hon Kwan VP and G Lam JA, 6 May 2022:
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Cases cited in this judgment
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Fadil Muchamad Hairul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Fitri Handayani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mubarok Abdul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Magno Merry Khris Fonseca v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 2455/2019