YENI ASTUTI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

YENI ASTUTI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Applying the AW factors, the applicants failed to show a realistic prospect of success or any valid ground to challenge the Board's factual findings and did not justify the delay; accordingly extension of time was refused and the joint application dismissed.

Citation
[2025] HKCFI 972
Parties
1st Applicant: Yeni Astuti; 2nd Applicant: Magar Alita; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2025
Case Number
HCAL548/2024
Procedural Posture
Judicial Review (extension of Time to Appeal) / Application for Extension of Time Following Dismissal of Leave Application
Outcome
Application for extension of time refused; joint application dismissed
Legal Topics
Extension of Time, Non Refoulement, Torture/asylum Claims, Procedural Rules (order 53), Prospect of Success Test
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Extension of Time Non Refoulement Torture/asylum Claims Procedural Rules (order 53) Prospect of Success Test

Case Brief

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Parties

Yeni Astuti

1st Applicant

Magar Alita

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (extension of Time to Appeal) / Application for Extension of Time Following Dismissal of Leave Application

Legal Issues

  1. 1 whether to extend time to appeal
  2. 2 whether the intended appeal has a realistic prospect of success
  3. 3 whether the delay was reasonable or excusable

Ratio Decidendi

Applying the AW factors, the applicants failed to show a realistic prospect of success or any valid ground to challenge the Board's factual findings and did not justify the delay; accordingly extension of time was refused and the joint application dismissed.

Court Disposition

Application for extension of time refused; joint application dismissed

Orders

  • Extension of time refused
  • Joint application dismissed