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CAMP46/2025
Applicant v Director of Immigration
Case Details
Case ReferenceCAMP46/2025
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCA 477
Claimant / ApplicantApplicant
Defendant / RespondentDirector of Immigration
JudgesHon Kwan VP, Barma JA
Judgment Summary
Facts
- •Applicant arrived HK in 2015 as a minor.
- •Non-refoulement claims rejected by Director and Board (2016-2018).
- •JR leave against previous decisions dismissed 12 March 2024.
- •Subsequent claim rejected 16 July 2024.
- •JR leave against subsequent claim refusal dismissed 12 September 2024.
- •Appeal summons filed 27 December 2024 (3 months late).
Issues
- •Whether to grant extension of time to appeal.
- •Validity of reasons for delay (confusion over RPO).
- •Prospects of success in intended appeal.
- •Impact of limited English proficiency and lack of legal assistance.
- •Whether the judge erred in not adjourning the matter.
Outcome
- •Extension of time for appeal refused.
- •Summons filed on 7 March 2025 dismissed.
Implication
- •Strict adherence to appeal time limits.
- •No absolute right to free legal representation at all stages.
- •Language barriers do not justify delay if interpretation services were provided.
- •Subsequent claims require evidence of significant change in circumstances.
Laws & Authorities Cited
- §Rules of the High Court (Cap. 4A), O.53, r.3(4)
- §Tang Chai On v Tang Sing Ki [2016] 5 HKLRD 104
- §Nupur Mst v Director of Immigration [2018] HKCA 524
- §Re Gurung Sagar [2019] HKCA 658
- §Re Paswan Shibu Lal [2018] HKCA 249