MEHMOOD TARIQ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 626/2017

[2019] HKCFI 2487

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 626 OF 2017

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D E C I S I O N

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1.  This is an application filed on 9 September 2019 to extend time to appeal my decision of 17 April 2018, refusing leave to apply for judicial review. The applicant had 14 days in which to apply to appeal that decision. He did not do so within time. On 24 May 2018, he applied for extension of time to appeal against that order. That summons was dealt with by the Court of Appeal on 23 August 2018 and was refused. At para 22 of the judgment, the Court of Appeal made a further order pursuant to Order 59, rule 2A(8), that no party may request the Court of Appeal’s determination to be considered at an oral hearing inter partes. By his summons filed on 9 September 2019, the applicant sought to do just that. He may not do so. The decision of the Court of Appeal is final.

2.  The applicant’s summons filed on 9 September 2019 be struck out for abuse of process.