B. Timing

In general, under Rules of the High Court (Cap. 4A) Order 53 rule 4, an application for leave to apply for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose, unless the Court considers that there is good reason for extending the period within which the application shall be made. For a discussion on the applicable considerations by the Court of Appeal, see AW v Director of Immigration & Anor [2016] 2 HKC 393.

Typically, the applicant’s request for an extension should be included in his notice of application for leave to apply for judicial review (Form 86). As a normal practice, the time extension application is considered in conjunction with the leave application.