DOAN TRUNG KIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 1349/2021

[2024] HKCFI 279

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1349 OF 2021

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DECISION

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Introduction

1.  This is the Applicant’s application by summons filed on 4 January 2024 (the “Summons”) seeking extension of time to apply for leave to apply for judicial review (“leave application”) of a decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”).

2.  The Applicant had previously made a leave application in respect of the Board’s decision on 27 September 2021.  That leave application was refused by this Court on 28 June 2022 (the “Court’s decision”).  A year and half later, he now seeks leave to make a second similar application out of time.  Presumably, he does not like the Court’s decision. The proper course he should have taken was to appeal the Court’s decision. Time to appeal has now lapsed.  He has advanced no grounds his summons or supporting affirmation in respect of the fresh leave application or any facts to support an appeal against the Court’s decision.  To make a fresh application again under the circumstances is a clear abuse of proceedings.  The application is therefore refused.