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HCAL 785/2017
[2018] HKCFI 1683
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 785 of 2017
BETWEEN
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Udeh Dominic Onyemaechi |
Applicant |
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and |
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Torture Claims Appeal Board /
Non-refoulement Claims Petition Office |
Putative Respondent |
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and |
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Director of Immigration |
Putative
Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by The Honourable Mrs Justice Campbell-Moffat:
Leave to apply to extend time be refused.
Observations for the Applicant:
Procedural history
1. The Applicant entered Hong Kong legally on 22 January 2008 and overstayed from 6 February 2008. He was arrested by the police on 19 October 2009 and submitted a non-refoulement (“NRF”) claim by way of written representation on 23 October 2009. He was released upon recognisance on 15 November 2009. His NRF claim form was submitted on 10 October 2014.
2. The Applicant attended a screening interview on 23 December 2014. The Director of Immigration (“the Director”) dismissed his claim (not including that under BOR 2) by Notice of Decision (“the Decision”) on 5 January 2015 and by Notice of Further Decision (re BOR 2) on 26 October 2016. The Adjudicator of the TCAB, Yu Cheuk-man, heard him on 12 December 2016. The Adjudicator refused his appeal on 7 July 2017.
3. In accordance with Order 53 rule 3, the Applicant filed a notice of application on a Form 86 seeking leave to apply for judicial review. This was dated 19 October 2017. Under Order 53 rule 4 an application for judicial review shall be made promptly and in any event within three months from the date when the grounds for the application first arose. Where the relief sort is a review of a case tried in a lower court, the relevant date from which time runs is the date of that decision. In this case time ran from 7 July 2017. The Notice of Decision was sent to the applicant’s registered address; the same address he relies upon for these proceedings. The Applicant has submitted no explanation for his delay and has not sought leave for an extension of time. There is no good reason before the Court as to why an extension of time for leave to apply for judicial review should be given. Accordingly, this application is dismissed as being out of time.
4. Where the Applicant intends to appeal this refusal to grant leave to extend time, he must appeal this decision to the Judge against whose order his appeal is sought, within 14 days of the date of this order, in accordance with s14AA of the High Court Ordinance, Cap 4 and Order 59 rule 2B of the Rules of the High Court.
Dated 27th day of July 2018.
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(Ms Queenie Mak)
for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notes for the Applicant:
If leave has been granted, the Applicant or his solicitors must: |
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted(Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). |
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Sent to the Applicant on 27/7/2018
Udeh Dominic Onyemaechi
Applicant’s ref. no:
Nil. |
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Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 27/7/2018
Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 720/15/1/72/NI21
Director of Immigration
Putative Interested Party’s ref. no.:
RBCZ 9000111/16 (QA T/C 2463/16; formerly
RBCZ 2768/09)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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