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CAMP35/2025

RE PHAM SY NGUYEN

EN

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