Case Document

100%

HCAL 1473/2018

[2020] HKCFI 2073

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1473 OF 2018

_____________

RE:

HUSSAIN ALTAF

Applicant

_____________

Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Decision: 27 August 2020

________________________

D E C I S I O N

________________________

1.On 8 July 2020 I refused to grant leave to the Applicant to apply for judicial review of the decision of the Director of Immigration (“the Director”) or the Torture Claims Appeal Board (“the Board”) in rejecting/dismissing 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 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 23 July 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 22 July 2020, and hence he was late by 1 day 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 1 day cannot on any view be regarded as significant, and the fact is that due to the effect of the Covid-19 pandemic, the registry was closed on 21-22 July 2020.

5.In view of the current public health situation, I propose to deal with his application on paper, and for the reasons given, I am prepared to accept that the Applicant might have been prevented from filing his notice of appeal within the required period during those two days when the registry was closed, and accordingly grant him extension of time to file his appeal within 14 days of this order.