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Appeal Court foils asylum-seeker’s bid to resist deportation

25 October 2018

The Court of Appeal has rejected a Filipina asylum-seeker’s bid to take to Hong Kong’s highest court her application for a judicial review of the government’s deportation order against her.

Justices Peter Cheung, Carlye Chu and  Aarif Barma ruled on Sept 28 that Mary Ann D. Minque’s application did not meet their conditions for granting leave to appeal.

Minque sought leave to appeal an earlier dismissal of her application to go to the Court of Final Appeal against Deputy High Court Judge Bruno Chan’s rejection of her initial bid for judicial review.

Minque, who came to Hong Kong as a domestic worker in May 2008, overstayed her visa after her contract was terminated prematurely by her employer on Aug 16, 2012.

She was arrested by the police on Mar 14, 2013, but she applied for asylum at the United Nations High Commission for Refugees about a month later. 

The following year, she filed for non-refoulement, or against being sent back home, citing as reason the alleged threats to her life by her abusive husband and some creditors.

However, she failed to get the Immigration Director and the Torture Claim Appeals Board to grant her application, prompting her to seek leave for a judicial review at the High Court.

In denying Minque’s latest bid, the CA said she failed to comply with orders for a written submission to support her application. The only ground she cited in her Notice of Motion was that could not go back home because her life would not be safe there.

Chu said this was not acceptable as it related only to Minque’s personal circumstances and did not meet involve any question of great, general or public importance.

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