RE FRANCIA NERRY VELASCO

HCAL 2116/2018

[2021] HKCFI 1202

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2116 OF 2018  

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REASONS FOR DECISION

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1.  On 23 March 2021 I on paper and without hearing extended time of 14 days for the applicant to appeal against my earlier decision of 12 November 2020 refusing leave for her to apply for judicial review of the decision of the Torture Claims Appeal Board (“Board”) regarding her non-refoulement claim upon finding that she had been late for only 1 day and accepting her explanation that she needed legal assistance to prepare the necessary documentation, as well as the possibility of some delays in her receipt of the decision in the mail caused by the Covid-19 pandemic on the postal service at that time which might have all contributed to her insignificant procedural default.

2.  The applicant now by a summons issued on 9 April 2021 seeks further extension of time for her intended appeal, as the 14-day period for her to file her appeal under my decision had expired on 7 April 2021, and hence she was again out of time by 2 days with her intended appeal, for which she explained that she only received that decision late but without being able to verify when exactly did she receive it, but that in any event she undertook to file her notice of appeal within the next 2 days as she has already obtained legal assistance for her notice of appeal.  

3.  In the premises, and given her relatively insignificant further delay, and that there was a long 5-day Easter Holiday during that period, I accepted the applicant’s undertaking to have her notice of appeal ready for filing within 48 hours, and extended further time of 2 days up to 4 pm 30 April 2021 for her to file her notice of appeal.