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CACV68/2025
The Applicant v The Director of Immigration
Case Details
Case ReferenceCACV68/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 365
Claimant / ApplicantThe Applicant (Appellant)
Defendant / RespondentThe Director of Immigration
JudgesHon Kwan VP, Barma JA
Judgment Summary
Facts
- •Applicant entered Hong Kong illegally on 11 May 2015.
- •Non-refoulement claim lodged on 19 May 2015.
- •Director rejected claim on 30 November 2016.
- •Board dismissed appeal on 28 November 2017.
- •Applicant filed out-of-time judicial review leave on 4 March 2020.
- •Deputy High Court Judge refused extension of time on 6 February 2025.
Issues
- •Whether the judge erred in refusing extension of time for judicial review leave.
- •Whether the applicant identified any valid ground to challenge the Board's decision.
- •Whether the applicant demonstrated any error in the judge's decision.
Outcome
- •Appeal dismissed.
- •Applicant failed to identify errors in Board or judge's decision.
Implication
- •Court will not usurp the role of the Board in non-refoulement cases.
- •Appeals must identify specific errors to succeed.
- •Delay in filing requires valid justification.
Laws & Authorities Cited
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §ST v Betty Kwan and Others [2014] 4 HKLRD 277