DWI PURWANTI AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 2917/2019

[2025] HKCFI 5980

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 2917 OF 2019

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D E C I S I O N

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The application

1.  The applicants are mother (A1) and daughters (A2 & A3). This is their joint application.

2.  The 1^st applicant is an illegal immigrant by staying in Hong Kong without permission. She had given birth to the 2^nd and the 3^rd applicants. They lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected their application and they appealed to the Torture Claims Appeal Board (“the Board”). Having considered the evidence, the Board, by its Decision (“the Board’s Decision”), rejected their appeal and affirmed the Director’s Decision.

3.  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 Decision.

4.  By Judgment dated 31 July 2025 (“the Judgment”), the Court dismissed their application for the reason that there was no realistic prospect of success in their intended application.

5.  The Court’s decision was sent to the applicants’ last known address on 31 July 2025 without being returned by the Post Office. They were deemed to receive the Judgment.[1]

6.  The deadline for them to file their notice of appeal is 14 August 2025.

7.  In her summon filed on 15 September 2025, the 1^st applicant asked for extension of time to file the notice of appeal. In her affirmation in support of her application, she said that they do not want to return to Indonesia. She has given no reason for the delay.

8.  Her application for extension of time to appeal is late for more than 1 month.

Discussion

9.  Pursuant to Order 32, rule 11 and 11A and Order 53, rule 3(3) of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing[2].

10.  The Court will consider the factors as set out in AW v. Director of Immigration and William Lam [2016] 2 HKC 393 at para. 27(3) in considering if extension of time should be extended: (1) the length of delay; (2) the reasons for the delay; (3) the prospect of the intended appeal; and (4) the prejudice to the putative respondent if extension of time was granted.

11.  I shall consider the merits of their case.

12.  In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:

“19. The prospect of success of the intended appeal is important: the court will not grant extension for a hopeless appeal to be pursued, see Re Rahman Wasif [2019] HKCA 299 at [13]; Re Kpamou Gbotoi Bernard [2019] HKCA 168; and Re Irshad Muhammad [2018] HKCA 864 at [16].”

13.  The applicants’ claim was based upon the 1^st applicant’s allegation that if refouled, she will be harmed or killed by a man in Indonesia, who had pressed her to marry him and she refused.

14.  The Director rejected their application for the reason that their claim was not substantiated. They appealed to the Board.

15.  The Board concluded that the applicants’ claimed fear was not substantiated as there was no evidence that her daughters will be harmed, state protection will be available and internal relocation is viable.

16.  The Board also had separately considered the child specific issues in relation to the 2^nd applicant and the 3^rd applicant.

17.  The applicants have raised no valid ground to challenge the Board’s finding of the facts or to challenge the Judgment.

18.  There is no realistic prospect of success in their intended appeal.

19.  In the circumstances, I refuse to extend time for their appeal. Accordingly, I dismiss their joint application.

20.  I shall treat non-compliance with Order 80, rule 2 of the RHC in these proceedings as a mere irregularity without rendering the 3^rd and the 4^th applicants’ application a nullity.