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CAMP35/2025
RE PHAM SY NGUYEN
Case Details
Case ReferenceCAMP35/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-18
LanguageEnglish
NCN[2026] HKCA 471
Claimant / ApplicantPham Sy Nguyen (Applicant)
Defendant / RespondentDirector of Immigration (Respondent)
JudgesHon Cheung JA, Hon G Lam JA
Judgment Summary
Facts
- •Applicant's non-refoulement claim refused by Director of Immigration (24 December 2018).
- •Board dismissed appeal against Director's decision (3 July 2019).
- •CFI dismissed leave for judicial review (16 September 2024).
- •CFI refused extension of time to appeal (13 February 2025).
- •Applicant filed current application without grounds or submissions.
Issues
- •Whether to grant extension of time to appeal against the Leave Decision.
- •Whether the intended appeal has any prospect of success.
- •Whether general assertions of fear constitute valid grounds of appeal.
Outcome
- •Application for extension of time to appeal dismissed.
- •Intended appeal deemed to have no prospect of success.
Implication
- •Extensions of time not granted for hopeless appeals.
- •General assertions of fear are not proper grounds of appeal.
- •Failure to file submissions may lead to determination on paper.
Laws & Authorities Cited
- §Rules of the High Court (Cap. 4A), O.59, r.14A
- §Rules of the High Court (Cap. 4A), O.53, r.3(4)
- §Tang Chai On v Tang Sing Ki [2016] 5 HKLRD 104
- §Re Adumekwe Rowland Ejike [2019] HKCA 702
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Saldua Dorothy Trifalgar [2022] HKCA 627