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CAMP37/2025
RE SHARMA ASHISH KUMAR
Case Details
Case ReferenceCAMP37/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-18
LanguageEnglish
NCN[2026] HKCA 472
Claimant / ApplicantSharma Ashish Kumar (Applicant)
Defendant / RespondentDirector of Immigration (Respondent)
JudgesHon Cheung JA, Hon G Lam JA
Judgment Summary
Facts
- •Director refused non-refoulement claim on 15 December 2017.
- •Board dismissed appeal on 26 April 2019.
- •High Court Judge dismissed leave for judicial review on 23 January 2024.
- •Judge refused extension of time to appeal on 24 October 2024.
- •Applicant filed appeal against EOT refusal on 24 February 2025.
- •Applicant acted in person throughout.
Issues
- •Whether to grant extension of time to appeal.
- •Whether the intended appeal has prospects of success.
- •Whether the delay in application was justified.
- •Scope of review regarding Board's Decision versus Judge's Decision.
Outcome
- •Application dismissed.
- •No extension of time granted.
- •Intended appeal deemed hopeless.
Implication
- •Strict scrutiny on extension of time delays.
- •Vague grounds insufficient for appeal.
- •Court reviews Judge's decision, not Board's decision afresh.
- •Unrepresented applicants must meet procedural requirements.
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