Re Jagg Singh

HCAL 1711/2018

[2020] HKCFI 1173

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1711 OF 2018

___________________

___________________

__________________

D E C I S I O N

__________________

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 17 August 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, 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 filed a summons on 27 September 2019 for time extension for his appeal.

4.A hearing was fixed for him to attend court for his application on 4 December 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 was detained by the Immigration Department; that my decision was unfair without allowing him to clarify his case and the situation in his country; that he was a litigant in person and had no idea of the appeal period.

Discussion

6.The applicant appeared before me. He said that he did not receive my decision and did not understand the reasons for my decision.  I therefore explained the reasons in my decision to him and he confirmed he understood them.

7.He said that he did not have time to consider the hearing bundle.  I checked my record of the hearing on 28 February 2019.  He said that he received the hearing bundle at North Point.  He did not complain that he did not have enough time to consider it. I do not accept his complaint.

8.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.

9.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.”

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

The Applicant appeared in person.