RE BEPARI MOHAMMAD KAWSAR

HCAL 2727/2018

[2021] HKCFI 1961

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO  2727 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 (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.  By affirmation dated 9 August 2019, the applicant applied to withdraw his application and said that his problem in his country had been solved.

4.  By Order dated 7 May 2020 (“the Court’s decision”), the Court dismissed his application because he had no intention of proceeding with his application. He further applied to withdraw his application by affirmation dated 19 march 2020.

5.  The applicant filed a summons dated 18 August 2020 applying for extension of time to appeal against the Court’s decision.  The file was misplaced and the application has not been dealt with within the usual time.

6.  In his grounds attached to his summons, he said that he considered that the Director, the Board and the Court were all in error in rejecting his claim.

Discussion

7.  Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reason, I decide to determine this application without an oral hearing.

8.  In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:

“19. The prospect of success of the intended appeal is important: the court will not grant extension for a hopeless appeal to be pursued, see Re Rahman Wasif [2019] HKCA 299 at [13]; Re Kpamou Gbotoi Bernard [2019] HKCA 168; and Re Irshad Muhammad [2018] HKCA 864 at [16].”

9.  As the Court’s decision was made upon the applicant’s application by withdrawing his application, his reasons above are irrelevant.

10.  He is unable to show that he has any realistic chance of success in his intended appeal.

11.  In the circumstances, I refuse to extend time for his appeal.  Accordingly, I dismiss his application.