MOHAMMED FAHEEM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 707/2017

[2018] HKCFI 2753

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 707 of 2017

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R U L I N G

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Introduction

1.  This is an application dated 8 November 2018 for appeal from my decision of 27 July 2018 refusing leave to apply for judicial review. In the normal course of events, the applicant had 14 days in which to apply to appeal that decision. He did not do so because the Order had incorrectly indicated that his application had been allowed, whereas a reading of the Call-1 form would have made it clear that was not the case.

2.  The error was only corrected on 1 November 2018 and thereafter should have been served upon the applicant. He is rightly aggrieved at this apparent change of stance as he was entitled to believe that his application would proceed to a substantive review in due course. Unfortunately, that is not the case. His application was refused and remains so.

3.  In the light of the above, the applicant has 14 days from today to file any application for leave to appeal the decision of this Court dated 27 July 2018.