RE MOHAMMAD YASIN

HCAL 1823/2019

[2022] HKCFI 1360

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1823 OF 2019

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D E C I S I O N

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The application

1.  The applicant is an illegal immigrant and he lodged a non-refoulement claim with the Director of Immigration (the “Director”). The Director, by his Decision, rejected his application and he appealed to the Torture Claims Appeal Board (the “Board”). Having considered his evidence, the Board, by its Decision (the “Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.  By affirmation filed on 16 November 2021, the applicant applied to the Court to cancel his application. He said ‘I have settled my problem at home and want to go back.’

4.  By Form CALL-1 dated 23 December 2021 (the “Court’s decision”), the Court dismissed his application.

5.  The applicant filed a summons on 14 April 2022 for appeal against the Court’s decision out of time.

6.  In his affirmation in support of his application, he said that he did not receive the Court’s decision from the Court. According to the record, the Court’s decision was sent to his last known address.

Discussion

7.  Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reasons, I decide to determine this application without an oral hearing.

8.  Since the Court’s decision was made pursuant to his application, there is no realistic prospect of success in his intended appeal. I therefore refuse to extend time for his to appeal and dismiss his application.