DOAN THI HA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

DOAN THI HA AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because the delay (one year, nine months and 25 days) was very substantial and caused by the applicants' failure to update the court with their contact/address details; coupled with no arguable grounds of appeal or realistic prospect of success given the Board's factual findings and the absence of identified legal error, the application was an abuse of process and must be dismissed.

Citation
[2025] HKCFI 3244
Parties
1st Applicant: Doan Thi Ha; 2nd Applicant: Pham Ky Duyen; 3rd Applicant: Pham Tue Lam; 4th Applicant: Pham Dieu Linh; 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
1 August 2025
Case Number
HCAL1030/2019
Procedural Posture
Application for Extension of Time to Appeal From Refusal of Leave to Apply for Judicial Review / Decision on Extension of Time (in Chambers)
Outcome
Application for extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Non Refoulement, Service of Documents, Delay, Abuse of Process, Prospect of Appeal
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Civil Procedure Extension of Time Leave to Apply for Judicial Review Non Refoulement +4 more

Case Brief

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Parties

Doan Thi Ha

1st Applicant

Pham Ky Duyen

2nd Applicant

Pham Tue Lam

3rd Applicant

Pham Dieu Linh

4th Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Extension of Time to Appeal From Refusal of Leave to Apply for Judicial Review / Decision on Extension of Time (in Chambers)

Legal Issues

  1. 1 Whether to grant extension of time to appeal a refusal of leave to apply for judicial review
  2. 2 Whether applicants' detention excuses failure to update court of address and explains delay
  3. 3 Whether the intended appeal has any real prospect of success

Ratio Decidendi

Extension of time refused because the delay (one year, nine months and 25 days) was very substantial and caused by the applicants' failure to update the court with their contact/address details; coupled with no arguable grounds of appeal or realistic prospect of success given the Board's factual findings and the absence of identified legal error, the application was an abuse of process and must be dismissed.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Application for extension of time to appeal refused