BABA ADAMOU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 2408/2019

[2025] HKCFI 4726

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2408 OF 2019

______________________

______________________

________________________

D E C I S I O N

________________________

1.  By a decision in the Form CALL-1, this court dismissed the applicant’s application for leave to file a judicial review against the Appeal Board’s decision dated 8 July 2019. By a decision dated 27 January 2025, this court refused the applicant’s application to file judicial review against the Board’s decision.

2.  The said decision was sent by ordinary post to the applicant’s former address at Room C, 1^st Floor, 66 Fuk Wing Street. However, from the information of the address which the applicant updated on the date of the hearing on 19 December 2024, the address was already changed to another address at Shing Mun San Tsuen.

3.  In the circumstances, I accept that due to the inadvertence of the court, the applicant would not have received the decision at that old address. I accept the applicant’ s explanation that it was only around July when his friend informed him that he got information that his application for leave to apply for judicial review had been dismissed.

4.  I accept his explanation that he had read from the friend who prepared the application for him on his mobile phone the contents of my decision. I accept his explanation that as soon as he learned of my decision, he instructed his friend to immediately file the present Summons for an extension of time.

5.  In the circumstances, in view of the mistakes that we have made in sending to the applicant the decision at the wrong address, I believe that justice should require me to grant the applicant an extension of time to file an appeal.

6.  This is the order I make. I grant an extension of time to allow the applicant to file an appeal against the decision dated 27 January 2025 out of time. The applicant shall file an appeal, if he still wants to, within 14 days, that is, on or before 11 September 2025.