Re Maddhesia Birendra Kumar

HCAL 1102/2018

[2020] HKCFI 1174

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1102 OF 2018

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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 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/Non-Refoulement claims Petition Office (“the Board”).  Having considered his evidence, the Board, by its Decision dated 7 June 2018 (“the Board’s Decision”), rejected his appeal and confirmed 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.  He had appeared before this Court. By Order dated 6 September 2019 (“the Court’s decision”), I refused to grant him leave to apply for judicial review of the Board’s Decision for the reason that there was no reasonable prospect of success in his intended judicial review.

3.The applicant intends to appeal to the Court of Appeal against the Court’s decision.  However, he is out of time under Order 53, rule 3(4), RHC.  The deadline for him to appeal is 20 September 2019.  He took out a summons dated 30 September 2019 for time extension for his appeal.

4.A hearing was fixed for him to attend court for his application on 19 November 2019 and he attended the hearing.

The applicant’s affirmation

5.The applicant filed an affirmation in support of his application.  In his affirmation he submitted that he did not receive the court’s letter with the Court’s Decision.  He was advised that he should have good grounds to appeal.  But he was also advised that he was not required to state them at this stage.  He considered that the Board’s Decision was not fair and reasonable.

Discussion

6.I asked him what was his reason that he considered that my decision was wrong.  He said that he had no reason to say that I was wrong in reaching my decision.

7.The Court of Appeal in Re Adumekwe Rowland Ejike [2019] HKCA 702 28 June 2019 held:

“19. The prospect of success of the intended appeal is important; the court will not grant extension of time for a hopeless appeal to be pursued.”

8.In the circumstances, I find that the applicant is unable to show that he has a reasonable prospect of success in his intended appeal against my decision.  Accordingly, I dismiss his application.

The Applicant appeared in person.