WEERASEKARA MUDHIYANSELE SUJATHA KANTHI EKANAYAKE v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 2285/2019

[2025] HKCFI 848

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2285 OF 2019

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D E C I S I O N

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1.  By a summons dated 23 December 2024, the applicant applied for an extension of time to appeal to the Court of Appeal against the order dated 28 November 2024, dismissing her application for leave to apply for judicial review against the Torture Claims Appeal Board.

2.  The hearing for the summons was fixed to be heard on 17 January 2025. Before the hearing, the court had sent to the applicant by ordinary post to her last known address a notice of hearing dated 27 December 2024 with a reminder of the consequence of absence [1]. The applicant did not turn up at the hearing. A telephone call was made to the applicant’s given telephone number 2 days before and on the day of the hearing, but to no avail. The information before this court shows that the said notice of hearing has not been returned undelivered through the post.

3.  In the circumstances, this court will dispose of the summons according to the materials already placed before the court.

The law

4.  Pursuant to O 53 r 3(4) of the Rules of the High Court, the time limit for an appeal to the Court of Appeal is 14 days (after the order of the court). The deadline for the applicant to file her appeal would have been 12 December 2024. The applicant is therefore 11 days’ late.

5.  The guidelines governing the discretion for an extension of time to appeal against a decision refusing leave to apply for judicial review therefore apply. A Court shall have regard to (i) the length of the delay; (ii) the reason for the delay; (iii) the prospect of success of the intended appeal; and (iv) the prejudice to the respondent if an extension of time were granted: see Re MK HCMP 2609/2016, 10 January 2017; Chu On Fong Winter v The Appeal Panel (Housing) HCMP 982/2017, 20 July 2017; Islam Raja Rais v Director of Immigration HCMP 881/2017, 26 June 2017; Re Gurang Min Bahadur [2018] HKCA 226; Re Saqlain Muhammad [2018] HKCA 346; and Nguyen Thi Hong Thuy [2024] HKCA 1172.

Discussion

6.  Whilst it is accepted that a delay of 11 days is not substantial, I do not regard the delay as a mere inadvertence or an oversight. In such a case, a good explanation is required. Apart from stating in her affirmation in support of the summons that she was late because she “didn’t receive letter from [the] High Court” (see”), the applicant did not provide any other reasons to explain for the 11 days’ delay. Neither has she advanced any grounds of appeal in support of the summons.

7.  In the absence of good reason to explain for the delay and any proposed grounds for her intended appeal, I am not satisfied that there is a good prospect of success in her intended appeal.

8.  For the reasons stated above, this court is disinclined to exercise its discretion to grant any extension of time to her to appeal, and accordingly dismiss her summons.