Khatun Sathi and Others v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1177/2022, HCAL 1809/2024

and HCAL 23 of 2026

(Consolidated)

[2026] HKCFI 4834

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1177 OF 2022, NO 1809 OF 2024 and NO 23 OF 2026 (Consolidated)

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BETWEEN

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(Consolidated pursuant to the Order of
Deputy High Court Judge K.W. Lung dated 18 May 2026)

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D E C I S I O N

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1.This is a consolidated action by Order dated 18 May 2026.

2.The 1^st applicant is the mother (“the mother”) acting for herself and as the next friend of the 2^nd applicant, her elder daughter, born on 13 July 2023 and the 3^rd applicant, her younger daughter, born on 26 February 2025 (“the daughters”). The 2^nd and the 3^rd applicants are minors.

3.The 1^st 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.

4.On behalf of the daughters, the mother applied to the Director for non-refoulement claim; and upon refusal, appealed to the Board. The Board, by separate Decisions, dismissed the daughters’ respective appeals.

5.The claims of the daughters are based on the facts of the mother.

6.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 Decisions.

7.By Form CALL-1 dated 24 June 2026 (“the Court’ decision”), the Court dismissed their application as there was no realistic prospect of success in their intended application. On the same day, the Court’s decision was sent to the applicants’ last known address without being returned by the Post Office. They were deemed to receive the Court’s decision.[1]

8.The deadline for them to file their notice of appeal is 8 July 2026[2].

9.In her summon filed on 6 July 2026, the mother asked for extension of time to file the notice of appeal.

10.In the applicants’ summons, it was stated that the Court’s decision was on 18 May 2026. This is the date the Court made the Order for Consolidation, not the Court’s decision.

11.The applicants therefore were within time to appeal when they issued the summons for extension of time.

12.In the circumstances, I exercise my discretion and extend time for them to file their notice of appeal for 14 days from the date of this Order.

The applicants were unrepresented.