Tri Astuti v. Torture Claims Appeal Board

HCAL 1282/2024

[2025] HKCFI 131

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1282 OF 2024

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D E C I S I O N

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1.On 7 November 2024 I refused to grant leave to the Applicant to apply for judicial review of a decision of the Director of Immigration (“Director”) in refusing her request to make a subsequent claim under Section 37ZO of Part VIIC of the Immigration Ordinance, Cap. 115, upon finding that none of the grounds put forward by her reasonably arguable for her intended challenge, that there was no error of law or procedural unfairness in the process before the Director or in his decision, and that there was no reasonable prospect of success in her intended application.

2.The Applicant now by a summons issued on 22 November 2024 seeks extension of time to appeal against that decision, as the 14-day period after the decision within which to file her appeal under Order 53 Rule 3(4) of the Rules of the High Court, Cap. 4A expired on 21 November 2024, and hence she was 1 day late with her intended appeal.

3.In considering whether to extend time for appealing against a decision refusing leave to apply for judicial review, the Court shall have regard to (i) the length of the delay; (ii) the reason for the delay; (iii) the prospect of the intended appeal; and (iv) the prejudice to the respondent if extension of time were granted: see Re MK HCMP 2609/2016, 10 January 2017; Chu On Fong Winter v The Appeal Panel (Housing) HCMP 982/2017, 20 July 2017; Islam Raja Rais v Director of Immigration HCMP 881/2017, 26 June 2017; Re Gurung Min Bahadur [2018] HKCA 226; and Re Saqlain Muhammad [2018] HKCA 346.

4.In the Applicant’s case, a delay of 1 day cannot on any view be considered as significant, for which she explained at the hearing of her summons that she has been suffering from cancer and was not well at that time, and as she was without legal representation that she also had had to look for help from her friends to prepare her application.

5.The court record shows that the decision was sent on the same day of 7 November 2024 to the Applicant’s last reported address which is the same as stated in her present application without being returned through undelivered post, but given the insignificance of her delay of just 1 day and her medical circumstances which were accepted as true in my earlier decision, I am prepared to exercise my discretion to extend time for the Applicant to file her notice of appeal within 14 days of this decision.

The Applicant appeared in person