Read the full judgment text of CAMP 261/2022 on BabelCite. This Court of Appeal judgment was delivered on 23 December 2024 before 張澤祐, 區慶祥.
Non-refoulement claim – judicial review – leave refused by Court of First Instance – extension of time to appeal – CAMP 261/2022 – Vietnamese nationals – mother and infant daughter – mother entered Hong Kong in 2015 and made non-refoulement claim based on threats from creditors in Vietnam – Director of Immigration and Torture Claims Appeal Board rejected claims on basis that threats amounted to personal dispute without state involvement and that internal relocation was available – Board also found that creditors targeted first applicant specifically and not her family – CFI judge refused leave to apply for judicial review – first extension of time application dismissed for serious two-month delay without explanation – re-application filed eight months after dismissal, also without explanation – applicants must demonstrate real prospects of success on appeal where delay is serious and unexplained – appellate court will only interfere with CFI judge's decision on grounds of legal error, failure to consider relevant matters, or obvious mistake – first applicant's grounds merely repeated factual allegations already considered by Board – no legal error identified in original judgment – minor's claim – application of Re Jasvir Singh framework for non-represented minors' non-refoulement claims – minor's claim based on same facts as mother's claim – no evidence of minor-specific non-refoulement grounds that were not raised before the Board – non-compliance with Order 80 r 2 RHC treated as mere irregularity – application for extension of time dismissed – summons discharged
Legal issues: Whether to grant extension of time to appeal from refusal of judicial review leave · Whether the minor applicant's claim has any minor-specific merit warranting consideration
Outcome: Application for extension of time to appeal dismissed; summons filed on 19 July 2022 discharged
Cited by 26 cases · Cites 9 cases