RE DOUZAN BI TOMMY ODILON ISMAEL

HCAL 2994/2018

[2020] HKCFI 1177

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2994 OF 2018

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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 rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision dated 6 August 2018 (“the Board’s Decision”), rejected his appeal and confirmed the Director’s Decisions.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court, the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision. He was late to take out the application. He had appeared before this Court. By Order dated 20 December 2019 (“the Court’s decision”), I refused to grant him extension of time to apply for leave to apply for judicial review of the Board’s Decision for the reason that there was no reasonable prospect of success in his intended judicial review.

3.  The applicant intends to appeal to the Court of Appeal against the Court’s decision. However, he is out of time under Order 53, rule 3(4), RHC. The deadline for him to appeal is 3 January 2020. He took out a summons dated 10 January 2020 for time extension for his appeal.

4.  He filed an affidavit in support of his application for extension of time. His reason for the delay is that he did not have money for the filing fee.

Discussion

5.  I decide that it is not necessary for a hearing for the applicant’s application because it is obvious that he does not have any valid reason for his delay. In his summons, he said that the Court’s decision was unreasonable. But he was unable to set out any reasons for him to say so.

6.  I have, in my decision, set out the reasons why time should not be extended for him to apply for leave to apply for judicial review against the Board’s Decision. There is simply no reason for him to say that my decision is wrong.

7.  In the circumstances, I find that the applicant is unable to show that he has any reasonable prospect of success in his intended appeal against my decision. Accordingly, I dismiss his application.