Case Document

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HCAL 404/2018

[2020] HKCFI 2071

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 404 OF 2018

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RE:

SHAFIQUE

Applicant

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 8 July 2020

Date of Decision: 27 August 2020

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D E C I S I O N

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1.On 20 January 2020 I refused to grant leave to the Applicant to apply for judicial review of the decision of the Torture Claims Appeal Board (“the Board”) in dismissing his appeal regarding his non-refoulement claim upon finding none of the grounds put forward by him reasonably arguable for his intended challenge, that there was no error of law or procedural unfairness in the process before the Director of Immigration or the Board or in their decisions, and that there was no reasonable prospect of success in his intended application.

2.The Applicant now by a summons issued on 18 March 2020 seeks extension of time to appeal against that decision, as the 14-day period for him to file his appeal under Order 53 rule 3(4) of the Rules of High Court, Cap 4A ended on 3 February 2020, and hence he was late by about 6 weeks with his intended appeal.

3.In considering whether to extend time for appealing against a decision refusing leave to apply for judicial review, the court shall have regard to (i) the length of the delay; (ii) the reason for the delay; (iii) the prospect of the intended appeal; and (iv) the prejudice to the respondent if an extension of time were granted: see Re MK HCMP 2609/2016, 10 January 2017; Chu On Fong Winter v The Appeal Panel (Housing) HCMP 982/2017, 20 July 2017; Islam Raja Rais v Director of Immigration HCMP 881/2017, 26 June 2017; Re Gurung Min Bahadur [2018] HKCA 226; and Re Saqlain Muhammad [2018] HKCA 346.

4.In the Applicant’s case, a delay of 6 weeks must be considered as significant, for which he explained in his supporting affirmation that he was unable to file his notice of appeal within the 14-day period as required because the court was then closed due to the coronavirus situation.

5.Indeed the last day for the Applicant to file his appeal fell after the General Adjourned Period announced by the Judiciary due to the Covid-19 pandemic resulting in general closure of the court and tribunal registries from 29 January 2020 to 3 May 2020. In the circumstances I am prepared to accept his explanation for the late filing of his notice of appeal, and accordingly extend time for him to do so within 14 days of this order.