RE SUYANTI AND ANOTHER

HCAL 216/2018

[2019] HKCFI 274

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 216 OF 2018

______________

______________

___________________

D E C I S I O N

___________________

1.  On 21 December 2018 I refused to extend time to the applicants’ late application to apply for judicial review of the decision of the Torture Claims Appeal Board (“the Board”) in dismissing their appeal/petition regarding their non-refoulement claim upon finding no good reason for their delay of more than seven months with their application, that none of the grounds put forward by them as reasonably arguable, and that there was no prospect of success in their intended application.

2.  The applicants now by a summons issued on 31 December 2018seek leave to appeal against that decision, and in considering whether to grant leave the Court will have regard to the prospect of the intended appeal.

3.  However, neither in their summons nor their supporting affirmation did the applicants provide any draft or proposed ground for their intended appeal, or any particulars as to any error in the decision or why they considered it as unfair or unreasonable, and in their written submission exhibited to their affirmation they merely repeated some of the grounds put forward in their failed application for leave to apply for judicial review which were all rejected in that application and are clearly not relevant to their application now before me when they fail to elaborate any proposed groundof appeal or any error in that decision, without which I am unable to see any prospect of success in their intended appeal.

4.  In the premises it would be futile to grant leave to what appears to me a hopeless appeal.  I therefore refuse their application and dismiss the summons accordingly.