RE AZIZ NASIR

HCAL 1030/2017

[2018] HKCFI 2382

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1030 OF 2017

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D E C I S I O N

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1.  On 14 September 2018 I refused to grant any extension of timefor the applicant’s late filing of his application for leave to apply for judicial review of the Board’s decision in rejecting his non-refoulement claim upon finding no explanation from him for his more than six months of delay, or any good reason to extend time for such excessive delay, or any merits in his intended challenge, and accordingly dismissed his application.

2.  The applicant now by a summons issued on 26 September 2018 applies for leave under Order 59, rule 2B of the Rules of the High Court, Cap 4A to appeal against my decision, and exhibited to his supporting affirmation of the same date he provides some grounds of appeal which I can only surmise to mean as follows:

(1)  that I erred in my decision in failing to apply high standards of fairness in refusing to extend time for his late application;

(2)  that I failed to find that the Board had erred in not approaching his appeal as a rehearing and/or failed to consider the relevant COI properly; and

(3)  that I failed to find procedural unfairness in the Board’s decision.

3.  These are however just broad and vague assertions of the applicant without any particulars or specifics or relevant elaboration as to how I erred or failed to apply high standard of fairness in refusing to extend time for his late application, or how I failed to find that the Board had erred as asserted.  In the premises I am not satisfied that there is any prospect of success in the applicant’s intended appeal, and I accordingly refuse to grant him leave to do so.