HOANG NGUYEN PHUC DUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HOANG NGUYEN PHUC DUONG AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Extension of time refused because applicants failed to provide valid reasons for the more than six months' delay and their intended appeal lacked any realistic prospect of success; the Board properly discharged its duty in assessing internal relocation and child-specific issues did not apply as the applicants had become adults, therefore extension was not justified.

Citation
[2026] HKCFI 2545
Parties
1st Applicant: Hoang Nguyen Phuc Duong; 2nd Applicant: Hoang Nguyen Nam Khanh; 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
13 May 2026
Case Number
HCAL865/2025
Procedural Posture
Judicial Review (leave to Appeal/out of Time Application) / Application for Extension of Time to File Appeal (out of Time); Determination on Paper
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
Non Refoulement, Torture Claims, Internal Relocation, Extension of Time, Leave for Judicial Review, Child Specific Issues
Source Language
EN
Administrative Law Immigration Law Constitutional Law Civil Procedure Non Refoulement Torture Claims Internal Relocation Extension of Time +2 more

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Parties

Hoang Nguyen Phuc Duong

1st Applicant

Hoang Nguyen Nam Khanh

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Appeal/out of Time Application) / Application for Extension of Time to File Appeal (out of Time); Determination on Paper

Legal Issues

  1. 1 Whether extension of time to file an appeal should be granted despite more than six months' delay
  2. 2 Whether the intended appeal has a realistic prospect of success (merits of challenge to the Board's decision on internal relocation)
  3. 3 Whether the applicants' reasons for delay justify extension of time

Ratio Decidendi

Extension of time refused because applicants failed to provide valid reasons for the more than six months' delay and their intended appeal lacked any realistic prospect of success; the Board properly discharged its duty in assessing internal relocation and child-specific issues did not apply as the applicants had become adults, therefore extension was not justified.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • Extension of time to file appeal refused
  • Application dismissed