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CAMP136/2025
The Applicant v. The Secretary for Justice
Case Details
Case ReferenceCAMP136/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 481
Claimant / ApplicantThe Applicant (Nigerian National)
Defendant / RespondentSecretary for Justice
JudgesHon Kwan VP, Anthony Chan JA
Judgment Summary
Facts
- •Applicant is a Nigerian national who overstayed since 2015.
- •Non-refoulement claim lodged on 12 April 2017.
- •Claim rejected by Director (2017) and Board (2019).
- •Leave for judicial review refused on 18 February 2025.
- •Application for extension of time to appeal filed late.
Issues
- •Whether to extend time for appealing against refusal of leave.
- •Whether there was procedural unfairness regarding translation.
- •Whether there was a lack of legal assistance.
- •Whether the intended appeal has any prospect of success.
Outcome
- •Extension of time to appeal refused.
- •Summons filed on 24 July 2025 dismissed.
- •Intended appeal found to have no prospect of success.
Implication
- •Ignorance of rules is not a satisfactory reason for delay.
- •No absolute right to free legal representation in non-refoulement claims.
- •Interpretation services not required at all times if applicant is conversant in English.
Laws & Authorities Cited
- §Rules of the High Court (Cap 4A), O.53, r.3(4)
- §Secretary for Justice v Hong Kong & Yaumati Ferry Co Ltd [2001] 1 HKC 125
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Gurung Sagar [2019] HKCA 658
- §Re Paswan Shibu Lal [2018] HKCA 249