RE FADYA KHOLYQUMINA RIZKY

HCAL 730/2021

[2022] HKCFI 1549

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 730 OF 2021

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D E C I S I O N

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The application

1.  This is an application for extension of time to appeal against the Court’s decision dated 14 September 2021 (“the Court’s decision”) on rejecting the applicant’s application for judicial review of the Director’s Decision dated 16 April 2021 (the “Director’s Decision”), which rejected her application for a subsequent claim of HCAL 708 of 2018 (the “original claim”).

The procedural history

2.  The applicant is an illegal immigrant from Indonesia. She raised non-refoulement claim with the Immigration Department on 15 October 2015 on the grounds of Torture risk under the Ordinance; BOR 2 risk, Right to Life under Article 2 of the Bill of Rights Ordinance; the BOR 3 risk under Article 3 of the Bill of Rights Ordinance and Persecution risk under the Refugee Convention.

3.  Her claim was rejected by the Director by a Notice of Decision dated 9 September 2016 and Notice of Further Decision dated 8 August 2017.

4.  She appealed to the Torture Claim Board (the “Board”). By its Decision dated 6 April 2018 (the “Board’s Decision”), the Board rejected her appeal.

5.  She applied for leave for judicial review of the Board’s Decision and the application was rejected by the Court by its Order dated 9 January 2019 (the “Court’s Order”).

6.  She appealed against the Court’s Order to the Court of Appeal and her application was refused by the Court of Appeal on 7 May 2019.

7.  Her Notice of Motion for leave to appeal against the Court of Appeal’s decision to the Court of Final Appeal was dismissed by the Court of Appeal on 14 June 2019.

8.  Her application for leave to appeal to the Court of Final Appeal against the Court of Appeal’s decision was dismissed by the Court of Final Appeal on 12 August 2020.

9.  She applied to the Director for making a subsequent claim for non-refoulement protection under the unified screening mechanism by letter dated 9 September 2020.

10.  By the Director’s Decision, the Director refused her application.

Application for appeal of the Court’s decision out of time

11.  The applicant lodged an affirmation on 25 November 2021 for appeal against the Court’s decision. This application is out of time as the deadline for appeal is 28 September 2021 (within 14 days after the Court’s decision, O.53, r. 3(4) of the Rules of the High Court).

12.  The case was set down for hearing on 28 April 2022. However, the Court received a letter dated 22 April 2022 from Immigration Department, informing it that the applicant had passed away.

13.  There is no point of continuing with the proceedings. Accordingly, I dismiss the applicant’s application.