Re Rajinder Singh

HCAL 570/2018

[2021] HKCFI 375

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 570 OF 2018

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 7 January 2021

Date of Decision: 4 March 2021

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D E C I S I O N

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1.On 17 August 2020 I refused to grant leave to the applicant to apply for judicial review of the decisions of the Director of Immigration (“the Director”) or of 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 17 September 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 expired on 31 August 2020, and hence he was late by 17 days 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 17 days may not be considered as insignificant, for which he merely stated in his affirmation that he did not receive the decision on time but without providing any details or particulars or documentary evidence such as the envelop which contained the decision to show the date of the postmark to corroborate his assertion, and as the court record shows that the decision was sent on the same day to his last reported address without being returned through undelivered post, I am not prepared to accept the applicant’s bare assertion that he did not receive it on time, nor am I satisfied that he has shown any good reason for his delay.

5.More importantly, nor did the applicant put forward any proper or valid 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 either in his summons or affirmation, and as he also failed to appear at the hearing of his summons without any explanation, 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 was not represented and did not appear