The High Court, where the Court of Appeal holds its proceedings
The Court of Appeal has formally ended a seven-year effort by an overstaying Filipina to legalize her stay in Hong Kong as a refugee -- even after she had been deported back to the Philippines.
In a decision by CA Vice-President Carlye Chu and concurred in by Justice of Appeal Peter Cheung, the court rejected the appeal of Alona Abuyen, 50 years old, to revisit her case which had been rejected by the Immigration Department and, on appeal, by the Torture Claims Appeal Board and the Court of First Instance.
"In sum, the role of the court in a judicial review is not to provide a further avenue of appeal," the decision said.
"Assessment of evidence and Country of Origin Information materials and risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director [of Immigration]), who are the primary decision makers," it added.
"The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board. Further, an appeal to the Court of Appeal is not an avenue for the applicant to re-argue the case," it concluded.
Abuyen arrived in Hong Kong on Oct. 29, 2015 as a foreign domestic helper. After working for almost seven months, she was terminated in May 2016.
She overstayed but surrendered to Immigration on July 6, 2017, after which she filed a non-refoulement claim with Immigration, citing her fear of being harmed or killed by Kevin, the owner of an employment agency, against whom she complained of irregularities in her employment in 2011.
The Immigration director rejected her application, saying her basis for seeking protection from being sent back home did not fall under the four acceptable reasons for granting asylum: risk of torture, risk to life, risk of inhuman treatment and persecution risk.
When she appealed to the Board, it concurred with the ruling and even raised doubts about the credibility of her claim and evidence, which it found "to be self-conflicting and unreliable."
When she appealed to the Court of First Instance, Deputy High Court Judge Lung Kim Wan ruled that her intended judicial review had no realistic prospect of success.
In its decision dated Jan. 10, the Court of Appeal said it "will not interfere with the first instance decision unless it is shown that the first instance judge has erred."
It also noted that on Nov. 25, 2024, the Immigration Director informed the Court that she had been deported. "We therefore direct that a copy of this judgment be served on the Director with a request that he uses his best endeavor to bring it to the notice of the applicant," it added.