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| The High Court houses both the Court of First Instance and Court of Appeal |
A Filipina has lost her appeal for the High Court to review the decision of the Torture Claims Appeal Board rejecting her bid for non-refoulement, which would prevent her deportation from Hong Kong, because she was 10 months late in filing her appeal.
In a decision dated April 1, the High Court upheld the
Board’s decision rejecting Joenalyn Villanueva’s reason for being late in filing —that
she she had no money for transportation to bring her documents to the Board.
Under Section 37TZ of the
Immigration Ordinance, the Board is not required to consider the merits of the
applicant’s case before dismissing the appeal, if the appeal is not filed
within 14 days of the Immigration Department’s decision.
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| PINDUTIN ITO PARA SA DETALYE |
The Immigration Department
decision was handed down on Dec. 24, 2024, so the appeal was due on Jan. 16,
2025, taking into consideration the holidays during the period. However, she
filed the appeal on Nov. 25, 2025.
In a decision dated Dec.
15, 2025, the Board disallowed the filing of the notice of appeal without
considering the merits of the applicant’s case, because it was late.
“I agree that the Board,
under section 37 TZ in its revised form, has no discretion to extend time
because she did not give valid reasons for her delay,” the decision signed by
Allen Lee by order by Deputy High Court Judge K.W. Lung.
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| Basahin ang detalye! |
“There is no valid reason
for the Court to interfere with the Board’s decision,” he said.
Besides, “the applicant
fails to show that her intended judicial review application has reasonable
prospect of success,” he added.
