NGUYEN VAN HUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 1100/2019

[2023] HKCFI 1062

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1100 OF 2019

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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 by staying in Hong Kong without permission 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 Order dated 13 May 2022 (“the Court’s decision”), the Court granted leave to the applicant to file his application for judicial review of the Board’s Decision within 14 days after the grant of leave in accordance with Order 53, rule (5) of the RHC. Time will expire on 29 May 2022.

4.  The applicant filed a summons on 6 April 2023 applying for extension of time to issue the originating summons for his application for judicial review. In his affirmation in support of his application, he said he did not receive the Court’s decision.

5.  According to the record, the Court’s decision was sent to his last known address on 13 May 2022 without being returned from the Post Office.

6.  The applicant’s explanation is not acceptable as he has the obligation to check the result of his application. The delay is serious.

7.  In the circumstances, this Court now makes an unless order in terms as follows:

Unless the applicant issues the originating summons for his application for leave for judicial review of the Board’s Decision within 14 days from the date of service of this Order, the applicant be debarred from making his application for leave for judicial review of the Board’s Decision; he is deemed to abandon his application and his application be dismissed forthwith.