RE JUMIATI AND ANOTHER

HCAL 478/2018

[2019] HKCFI 403

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 478 OF 2018

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D E C I S I O N

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1.  On 11 January 2019 I refused to extend time for the applicants to apply for judicial review of the decisions of the Director of Immigration (“the Director”) and the Torture Claims Appeal Board (“the Board”) in rejecting/dismissing their non-refoulement claim upon finding no good reason for their delay of more than seven months and no reasonable prospect of success in their intended application.

2.  The applicants now by a summons issued on 24 January 2019 seek leave to appeal against that interlocutory judgment under Order 59, rule 2B of the Rules of the High Court, Cap 4A which requires that such application be made by way of summons within 14 days from the date of the interlocutory judgment and accompanied by draft grounds of appeal, affidavit evidence where appropriate and written submissions as to why leave to appeal should be granted (Order 59, rule 2B(1)). 

3.  Whilst the applicants’ summons was issued within time, it was not accompanied by any draft grounds of appeal or written submissions, and in their supportive affirmation of the same date they merely exhibited a copy of the order and judgment which they now wish to appeal but without providing any grounds or reasons in support.

4.  In the absence of any proposed grounds of appeal or any error in that decision being identified by the applicants, I am unable to see any prospect of success in their intended appeal, nor do I find any other reasons in the interests of justice warranting the grant of leave to appeal.  Accordingly I refuse to grant leave to appeal and dismiss the applicants’ summons.