RE RANA JASWANT

HCAL 1074/2017

[2018] HKCFI 2394

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1074 OF 2017

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D E C I S I O N

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1.  On 10 August 2018 I refused to grant leave to the Application to apply for judicial review of the decisions of the Director of Immigration (“the Director”) and of the Torture Claims Appeal Board (“the Board”) for rejecting his non-refoulement claim upon finding that none of the grounds proposed for his challenge were reasonably arguable and that there was no prospect of success in his intended application.

2.  The applicant now by a summons issued on 28 August 2018 applies for leave to appeal against my decision out of time, as the 14-day period stipulated under Order 53, rule 3(4) of the Rules of the High Court, Cap 4A for him to file his appeal expired on 24 August 2018, and hence he was 4 days late with his application.

3.  In his summons the applicant stated that he did not receive the decision from the Court and only leant about it when he was informed by his immigration officer, of which he clarified at the hearing of his summons that it was only on 28 August 2018 when he learnt about the decision that he immediately issued his summons for extension of time.  Whilst it is not clear why he did not receive the decision which was posted on the same date to his disclosed address if it was indeed the case, given that a delay of 4 days cannot in the circumstances be said to be excessive, I am prepared to accept his explanation.

4.  However, other than the explanation for his delay, the applicant did not in either the summons or his affirmation disclose or advance any grounds of appeal, whilst those documents exhibited to his affirmation are merely copies of the relevant order and previous decisions as well as his earlier application for judicial review.

5.  In the premises and as I do not find any reasonably arguable grounds or any prospect of success in his intended appeal, it would be futile to extend time for appealing, and accordingly I refuse his application for leave to appeal out of time, and dismiss his summons.