LE THI DUC v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 81/2019

[2023] HKCFI 898

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 81 OF 2019

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BETWEEN

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D E C I S I O N

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1.  The applicant is an illegal immigrant by staying in Hong Kong without permission and she lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected her application and she appealed to the Torture Claims Appeal Board (“the Board”). Having considered her evidence, the Board, by its Decision (“the Board’s Decision”), rejected her appeal and affirmed the Director’s Decision.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.  By Order dated 21 February 2023 (“the Court’s decision”), the Court dismissed her application for the reason that there was no realistic prospect of success in her intended application.

4.  The applicant filed a summons on 8 March 2023 applying for extension of time to appeal against the Court’s decision.

5.  Order 53 rule 3 (4) provides that time for the appeal expires 14 days after the order:

“Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge’s order to the Court of Appeal within 14 days after such order. (L.N. 152 of 2008; L.N. 122 of 2017)”

6.  The Court’s decision was made on 21 February 2023. Time for the applicant’s appeal is therefore on 8 March 2023, 14 days as from 22 February 2023.

7.  The application is therefore within time to file her appeal.

8.  I therefore give leave to the applicant to file her notice of appeal within 7 days from the date of this Order.