Re Baig Rehman

HCAL 1950/2018

[2021] HKCFI 1480

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1950 OF 2018  

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Hearing: 20 May 2021

Date of Decision: 3 June 2021

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D E C I S I O N

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1.On 10 September 2020 I extended time of 14 days for the applicant to appeal against my earlier decision in refusing to grant leave for him to apply for judicial review of the decisions of the Director of Immigration (“Director”) or the Torture Claims Appeal Board (“Board”) in rejecting/dismissing his non-refoulement claim upon accepting that he had good reason for his relatively insignificant delay with his intended appeal.

2.The applicant now by a summons issued on 3 February 2021 seeks further extension of time to appeal, as he explained in his supporting affirmation that he never received the decision and was therefore not aware that he had been granted extension of time to appeal until late January 2021 when he was so informed by his immigration officer, and at the hearing of his summons he further clarified that he changed his address in mid-2020 and immediately informed the Immigration Department accordingly.

3.As the court record shows that the decision had in fact been sent to the applicant’s previous address which appears to have not been updated by the Immigration Department at that time, I am prepared to accept the applicant’s explanation, and upon his confirmation that he has already retained legal representation to have his notice of appeal ready for filing as soon as leave is to be granted by the court, I accordingly grant him a further 14 days to file his notice of appeal.

The applicant appeared in person