Re v. Huu Hoi

HCAL 1676/2018

[2020] HKCFI 1384

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1676 OF 2018

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Before:  Deputy High Court Judge K.W. Lung in Chambers

Date of Decision: 2 July 2020

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D E C I S I O N

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1.The applicant is a national of Vietnam. He came to Hong Kong illegally on 15 January 2015 and lodged a non-refoulement claim with the Director of Immigration (“the Director”).

2.The Director rejected his claim and he appealed to the Torture Claims Appeal Board (“the Board”).  The Board considered his appeal and by its decision dated 8 May 2018 (“the Board’s Decision”), it refused his appeal and confirmed the Director’s Decisions.

3.The applicant then applied to the High Court for leave to apply for judicial review of the Board’s Decision.  However, the application was out of time for only 12 days.  It is not a substantial delay. The Court considered the merits of the case in order to determine whether time should be extended for him to proceed with his application. Re Kwok Cheuk Kin v Leung Chun Ying [2018] HKCA 419, 23 July 2018 at §28 and AW v Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015.

4.Having considered the merits of the case, by Form Call-1 dated 27 December 2019, the Court found that there was no merit in his proposed judicial review.  The Court therefore declined to extend time for him to file his application for leave to apply for judicial review of the Board’s Decision.  Accordingly, the Court dismissed his application.

5.The Court further directed that if the applicant intended to appeal the order of refusing to extend time for him to proceed with his application for leave to apply for judicial review of the Board’s Decision, he had to take out an application for leave with reasons in support of it.  The Court might decide whether a hearing would be required, if not, his application would be dealt with on paper.

6.Pursuant to the above directions, the applicant has taken out a summons for leave to appeal to the Court of Appeal.  In his affirmation, he complained that the procedure was unfair and that he did not receive the court’s letter.

7.There is no reason to say in what respect the Court’s decision was wrong.  The fact that he did not receive the court’s letter is irrelevant because his application for leave is filed on 30 December 2019, which is within time as from the date of the court’s decision dated 27 December 2019.

8.Since the applicant has no reason to appeal, I decide to dispose of his application on paper without a hearing.

9.I dismiss his application.

The Applicant acted in person.