Re Tarsem Singh

HCAL 527/2017

[2020] HKCFI 2483

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 527 OF 2017 

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 11 September 2020

Date of Decision: 7 October 2020

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D E C I S I O N

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1.On 15 March 2019 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 12 May 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 29 March 2019, and hence he was late by more than 13 months 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 more than 13 months must be considered as very substantial and excessive, for which he explained in his affirmation that he never received the decision in the mail and hence was not aware of the decision until he was informed by his immigration officer when by then he was already out of time with his appeal, but he did not provide any further details or documentary evidence in support of his claim, and as the record shows that the decision was indeed sent to him on the same day at his last reported address and that it has never been returned through undelivered post, I am not satisfied that the Applicant has any good or valid reason for his serious delay with his intended appeal.    

5.More importantly, nor did he in his summons or supporting affirmation or at the hearing of his summons provide any draft or proposed grounds of appeal, or any particulars of any error in the decision, or why it may be reasonably argued that the decision was unfair or unreasonable. As such and in the absence of any error in the decision being clearly and properly identified by the Applicant, I do not see any prospect of success in his intended appeal.     

6.In the premises, it would be futile to extend time for what appears to be a hopeless appeal. Accordingly, I refuse his application for extension of time to appeal, and dismiss his summons.

The applicant appeared in person