Re Sk Arif

HCAL 1345/2018

[2021] HKCFI 1430

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1345 OF 2018

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 12 May 2021

Date of Decision: 27 May 2021

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D E C I S I O N

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1.On 20 August 2020 I granted leave to the applicant to file his appeal within 14 days against my earlier decision refusing to extend time for him to apply for judicial review of the decision of the Director of Immigration (“Director”) in refusing his request to make a subsequent claim.

2.The applicant now by a summons issued on 26 January 2021 seeks further time for him to file his notice of appeal for the following reasons as stated in his affirmation:

“I am the applicant herein. I am presently serving sentence at the Tai Lam Correctional Institution. As per the decision dated 20^th August 2020, Deputy High Court Judge Bruno Chan extended the time for me to file my appeal against the decision made by the DHCJ Bruno Chan of 20^th January 2020 within 14 days of the latest order. However, I was remanded at the Lai Chi Kok Reception Centre when the order dated 20^th August 2020 was made by the DHCJ Bruno Chan, which is why I did not receive any letter from the court. Thus, I was not aware of the status of my application. So, I humbly request the court to grant me further extension of time to file my appeal against the decision of 20^th January 2021.”

3.At the hearing of his summons, the applicant confirmed what he stated above is true, that he is now being detained at the Castle Peak Bay Immigration Centre (“CIC”) after being released from Tai Lam Correctional Institution, and that it was only before his transfer to CIC when he was informed of the court’s decision of 20 August 2020 by his immigration officer.

4.The court record did show that the decision had been sent to the applicant’s previous residential address at Tsim Sha Tsui, Kowloon while he was being remanded in Lai Chi Kok Reception Centre before starting his sentence at Tai Lam. In the premises I accept that the decision has never reached him in the mail, and upon his confirmation at the hearing that his friend who had assisted him with his present application will also help him to prepare and file his notice of appeal as soon as possible if his application is allowed, I grant further time for the applicant to file his appeal within 14 days of this order.

The applicant appeared in person