Hong Kong Case Law: Decisions & Judgments

Topic

Late filing of appeals

Legal area

Court

8 Feb 2024

DWI APRILIA NINGSIH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 281
Court

Court of First Instance
Case number

HCAL1348/2023

The Board failed to apply the statutory test in s37ZT(3) with adequate inquiry and fairness by speculatively rejecting explanations (detention, limited resources, lawyer involvement, translation needs) without proper investigation; that procedural failure gave the applicant a realistic prospect of success on judicial review, so leave is granted.
25 Jan 2024

RE VILLAROSA RHEA LIMBAGA

Citation

[2024] HKCA 95
Court

Court of Appeal
Case number

CAMP104/2023

Extension of time to appeal is granted because the intended appeal is reasonably arguable: the Board procedurally erred by not considering the merits of the appeal under the statutory framework in s37ZT as interpreted in Re Qasim Ali, and that procedural irregularity makes the intended judicial review sufficiently arguable to justify extending time despite substantial delay.
4 Apr 2023

HUSSAIN ARSLAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 836
Court

Court of First Instance
Case number

HCAL943/2019

Leave to apply for judicial review was granted because the applicant established reasonably arguable grounds that the Board’s findings that the delay was a serious and significant breach and that there were no good reasons for it were Wednesbury unreasonable, and that the Board failed to take into account the merits of the appeal as required by s37ZT(2)(b), thereby justifying judicial review.
25 Oct 2022

VALDEZ JEYSON BALDO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2022] HKCFI 3204
Court

Court of First Instance
Case number

HCAL621/2019

Leave was refused because the Applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board properly refused late filing as the delay was substantial and unjustified; the factual findings that the risk was private, localized and that internal relocation and state protection were available were open to the primary decision-makers and did not merit judicial intervention.
23 Mar 2021

RE SK SIRAJ UDDIN

Citation

[2021] HKCA 326
Court

Court of Appeal
Case number

CAMP65/2019

The Notice of Motion for leave to appeal to the Court of Final Appeal was dismissed because the applicant failed to identify any question of great general or public importance required by s22(1)(b) Cap 484, raised new and unparticularised grounds (including irrationality) that were not reasonably arguable and had not been argued earlier, and there was no basis to grant leave under the 'otherwise' limb.
17 Aug 2016

ASM v. TORTURE CLAIMS APPEAL BOARD

Citation

ASM v. TORTURE CLAIMS APPEAL BOARD
Court

Court of First Instance
Case number

HCAL37/2015

The court dismissed the judicial review: TCAB's refusal to allow seven-day late filing on the basis that there was no reasonable excuse was within the range of reasonable decisions and not Wednesbury unreasonable; although it was procedurally unfair for TCAB to make material adverse findings on merits and credibility without an oral hearing, that unfairness did not entitle the applicant to relief because the primary lawful basis for refusal (no reasonable excuse to extend time) remained intact; accordingly the TCAB decision stands and relief is refused.

Hong Kong Case Law

DWI APRILIA NINGSIH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE VILLAROSA RHEA LIMBAGA

HUSSAIN ARSLAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

VALDEZ JEYSON BALDO v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE SK SIRAJ UDDIN

ASM v. TORTURE CLAIMS APPEAL BOARD