TEHSEEN YASEEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 61 /2025, [2025] HKCA 424

On appeal from [2025] HKCFI 279

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 61 OF 2025

(ON AN INTENDED APPEAL FROM HCAL NO 967 OF 2021)

________________________

________________________

________________________

J U D G M E N T

________________________

Hon Kwan VP (giving the Judgment of the Court):

Background

1.  On 16 January 2025, Deputy High Court Judge To refused to grant leave for the applicant to apply for judicial review against the decision of the Torture Claims Appeal Board (“the 1^st Refusal”)[1]. The applicant filed a summons with the Court of First Instance on 18 February 2025 to apply for extension of time to appeal against the 1^st Refusal.  As it was found that the notice of hearing of the leave application was not sent to the correct address, the judge exercised his discretion to set aside the 1^st Refusal and re-fix the leave application for hearing by his decision and order dated 14 March 2025[2].

2.  On 24 March 2025, the applicant filed the present summons to seek extension of time to appeal against the order dated 14 March 2025.

3.  As the judge has already set aside the 1^st Refusal, the present summons has become futile.

4.  The leave application was re-fixed to be heard on 31 March 2025 and was dismissed on 10 April 2025 (“the 2^nd Refusal”)[3]. If the applicant intends to appeal against the 2^nd Refusal, the appropriate way is to file a new summons with the Court of First Instance pursuant to Order 59 rule 14(4)  of the Rules of the High Court (Cap 4A)  for extension of time to appeal against the order dated 10 April 2025.

5.  For the above reasons, we dismiss the summons filed on 24 March 2025.

[1]   [2025] HKCFI 279

[2]   [2025] HKCFI 1094

[3]   [2025] HKCFI 1436