Re Doctor Manuel Dela Cruz

HCAL 2493/2018

[2020] HKCFI 1264

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2493 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 29 October 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 17 June 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 should be 2 July 2019. He took out a summons dated 7 August 2019 for time extension for his appeal.

4.A hearing was fixed for him to attend court for his application on 11 October 2019.

The applicant’s affirmation

5.The applicant filed an affirmation in support of his application.  In his affirmation he said that the Court’s Decision was received late.  He was unable to give any explanation for it.

Discussion

6.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.”

7.As he had not stated the grounds in support of his appeal, I asked him if he could state what error I had committed in coming to my decision.  He said that he did not have reason to say that I was wrong.

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.