RE YUNI AMBARWATI

HCAL 2502/2018

[2020] HKCFI 1648

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2502 OF 2018

_____________________

_____________________

__________________

D E C I S I O N

__________________

1.  The applicant was absent for the hearing.  I decided to deliver a written decision for her application.

2.  The applicant is an Indonesian national.  She arrived in Hong Kong as a domestic helper in January 2004.  Her employment contract was terminated prematurely.  She overstayed and was arrested by police and was referred to the Immigration Department.  She lodged a non-refoulement claim with the Director of Immigration (“the Director”) on 23 December 2015.

3.  The Director rejected her claim and she appealed to the Torture Claims Appeal Board (“the Board”).  The Board considered her appeal and by its decision dated 18 September 2018 (“the Board’s Decision”), it refused her appeal and confirmed the Director’s Decision.

4.  On 8 November 2018, the applicant applied to the High Court for leave to apply for judicial review of the Board’s Decision.

5.  Having considered the merits of the case, by Form Call-1 dated 11 December 2019 (“the Court’s decision”), I found that there was no merit in her proposed judicial review.  I dismissed her application.

6.  The applicant filed a summons on 13 January 2020 for extension of time to appeal against the Court’s decision.

7.  In her affirmation in support of this application, the applicant did not set out any grounds to explain the delay. Nor had she set out any grounds against the Court’s decision.

8.  In Re Adumekwe Rowland Ejike [2019] HKCA 702 28 June 2019, the Court of Appeal held that the Court has to consider the prospect of the intended appeal in order to determine whether time should be extended.

9.  Since the applicant has no reason to appeal, I decline to extend time for her intended appeal.

10.  I dismiss her application.