RE SRI-WAHYUNINGSIH

CAMP 397/2022, [2025] HKCA 55

On Appeal From [2022] HKCFI 236

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 397 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO. 465 OF 2019)

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DECISION

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Hon Cheung JA (giving the Decision of the Court)  :

1)  Renewed application for extension of time to appeal

1.  On 31 July 2023, this Court handed down its decision to grant extension of time to appeal to the applicant. The applicant was required to file a notice of appeal within 28 days from 31 July 2023, i.e. by 28 September 2023 (as August 2023 was Court holidays). 

2.  On 23 May 2024, nearly eight months from the 28 September 2023 deadline to file notice of appeal, the applicant filed a summons with supporting affirmation seeking to further extend time.  The applicant stated that she changed her address and did not receive the letter from the High Court.  She further stated that the Immigration Officer called her on 22 May 2024 and informed her about the decision.  In the applicant’s written submission of 11 June 2024, none of the contents contained therein pertain to the actual circumstances of the applicant’s case.

3.  By a letter dated 14 June 2024 the Torture Claims Appeal Board informed the Court that it would take a neutral stance in the proceedings but it also stated that since the two children of the applicant form part of the Board’s Decision, it proposed that the issues involved in all their claims be dealt with by the Court in the present proceedings ‘in one go, so that the Court needs not entertain separate judicial review application in relation to the two minors, if any, at a later time’.

4.  In view of the interest of the two children, notwithstanding the unsatisfactory conduct of the applicant, we will grant a further extension of time to the applicant to file the notice of appeal on behalf of herself and the two children on or before 21 January 2025.