MONIRUL ISLAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 798/2017

[2019] HKCFI 1554

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 798 OF 2017

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D E C I S I O N

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1.  This is an application dated 3 April 2019 by the applicant, Monirul Islam, for appeal from my decision of 19 November 2018, refusing leave to extend time to apply for judicial review.

2.  The applicant had 14 days at that time in which to apply to appeal that decision, and he did not do so.

3.  This matter was set down for hearing today at 9.30.  It is now 10.10 and the applicant has failed to appear.

4.  The applicant, at the time of his summons dated 3 April 2019, gave no explanation for why he was out of time to appeal. In the absence of his attendance today to explain that, and also because the underlying merits of his case are without merit, as explained in the original Form CALL-1 dated 19 November 2018, there would be no merit in allowing this applicant to have an extension of time to appeal.

5.  It is my understanding from the papers before me, the applicant merely seeks to have the Court of Appeal consider his situation afresh.  Consequently, the summons dated 3 April 2019 is dismissed.