RE AMIN MD

HCAL 68/2018

[2019] HKCFI 521

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 68 OF 2018

______________

______________

______________

D E C I S I O N

______________

1.  On 7 December 2018 I refused to grant leave to the applicant toapply for judicial review of the decision of the Torture Claims Appeal Board(“the Board”) in dismissing his appeal/petition regarding his non-refoulement claim upon finding none of the grounds put forward by him as reasonably arguable or with any prospect of success in his intended application.

2.  The applicant now by a summons issued on 31 December 2018 seeks leave to appeal against that decision out of time, as the 14-day period for him to lodge his appeal under Order 53, rule 3(4) of the Rules of the High Court, Cap 4A expired on 21 December 2018, and hence he was late by 10 days.

3.  In considering whether to extend time for appealing against a decision refusing leave to apply for judicial review, the Court will have regard to (1) the length of the delay; (2) the reasons for the delay; (3) the prospect of the intended appeal; and (4) the prejudice to the respondent if an extension of time were granted.

4.  In the applicant’s case a delay of 10 days may not be regarded as significant or excessive, but in his supporting affirmation of the same date he did acknowledge his receipt of the letter from the Court with the decision without actually providing any particulars or reasons for being late with his notice of appeal.  In a subsequent Notice to the Court on 26 February 2019 he gave a new address, but he did not clarify whether that was the reason for his delay. As such I am not satisfied that he has provided a good reason for his delay.

5.  More importantly, nor did he provide either in his summons or in his affirmation any draft or proposed ground for his appeal, or any particulars as to any error in the decision or why it was unreasonable or unfair, and in the absence of which I am unable to see any prospect of success in his intended appeal.

6.  In the premises it would be futile to extend time for what appears to me a hopeless appeal.  Accordingly I refuse his application for leave to appeal out of time, and dismiss his summons.