MBOWETO IBRAHIM MOHAMED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 2902/2019

[2025] HKCFI 4911

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 2902 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. He did not appeal to the Torture Claims Appeal Board (“the Board”), but he file Form 86 for judicial review of a Board’s Decision, which the court was unable to locate on the court’s file.

2.  The Court had made enquiry with the Board, which confirmed that the applicant had never filed an appeal with the Board.

3.  The Court summoned the applicant to appear before it in order to hear his explanation. He was absent. By its Form CALL-1 dated 13 July 2025, this Court dismissed the applicant’s judicial review application.

4.  The applicant applied for extension of time to appeal against the court’s decision. The Court summoned him to appear before it.

5.  On 6 October 2025, the applicant appeared before this Court and agreed to the facts above.

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