BUI VAN PHUC v. TORTURE CLAIMS APPEAL BOARD

HCAL 369/2018

[2022] HKCFI 2465

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 369 OF 2018

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BETWEEN

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D E C I S I O N

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1.  On 7 January 2020 I granted leave to the Applicant to apply for judicial review of the decision of the Torture Claims Appeal Board (“Board”) in rejecting/dismissing his appeal/petition regarding his non-refoulement claim, and accordingly directed him to file his originating summons within 14 days of the decision, and to serve a copy thereof on the Board as respondent and the Director of Immigration as interested party.

2.  The Applicant now by a summons issued on 20 May 2022 seeks extension of time to file his originating summons for judicial review of the Board’s decision, as the 14-day period for him to do so under that order had expired more than 2 years ago on 21 January 2020, and for which he explained in his supporting affirmation and at the hearing of his summons that he never received the decision in the mail and was only so informed later by his immigration officer when he reported on his recognizance to the Immigration Department, but as he does not read English and was without any financial means to seek legal assistance until only recently when he was able to do so through some friend.

3.  The court record shows that the decision was sent on the same day to the Applicant’s last reported address without being returned through undelivered post, but given his language disadvantage and lack of financial means or legal assistance, and upon his undertaking to immediately get proper legal representation either on private basis or through Legal Aid to proceed with the filing of his originating summons as soon as possible, I am prepared to give him the benefit of the doubt regarding his explanations for his delay, and extend the time for him to file and issue his originating summons for a further 21 days from this decision, with a stern warning that no further delay on his part will be tolerated.