Re Ibe Chukwuma Lawrence
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HCAL 1294/2018 [2021] HKCFI 1507 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1294 OF 2018 _____________
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_____________ D E C I S I O N _____________ The application 1.The applicant is an illegal immigrant and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). By Notice of Decision dated 24 November 2017 (“the Director’s Decision”), the Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision dated 28 June 2018 (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision. 2.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision. By Order dated 22 March 2021 (“the Court’s decision”), the Court refused to grant him leave to apply for judicial review of the Board’s Decision for the reason that there was no reasonable prospect of success in his intended judicial review. 3.The applicant intends to appeal to the Court of Appeal against the Court’s decision. However, he is out of time under Order 53, rule 3(4) of the RHC. He filed a summons dated 21 April 2021 for extension of time for his appeal. 4.In his affirmation in support of his application, the applicant said that he was not satisfied with the Court’s decision. He asked for an extension of time for appeal. Discussion 5.Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reason, I decide to determine this application without an oral hearing. 6.In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:
7.The Court had in its decision, set out the reasons why it refused to grant leave to the applicant to apply for judicial review of the Board’s Decision. 8.The Board simply rejected his evidence on the facts of his case. In other words, the applicant has no factual basis in support of his claim. 9.The Court had considered the grounds for his application for leave to apply for judicial review and dealt with them in its decision. 10.The Court had considered the Board’s Decision and found that it was without fault. 11.He has no valid reason in support of his application. 12.In the circumstances, I find that the applicant is unable to show that he has any reasonable prospect of success in his intended appeal against the Court’s decision. I refuse to extend time for his appeal. Accordingly, I dismiss his application.
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Cases cited in this judgment
Anam Khoirul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bahrudin Muhamad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Priyono Sugeng v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hasan Md Mehedi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Pham Van Cuong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Fadil Muchamad Hairul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Fitri Handayani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mubarok Abdul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Asavasupakul Napatsit v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Syed Faisal Hussain v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hoang Van Do v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sasidharan Rajesh Kumar and Others v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Luu Dinh Cong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Akhtar Musammat Sajna Acting As the Next Friend of Akhtar Musammat Fatima Haque Ishrath v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Makhrufah Assodikoh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Seewiboon Kunthida v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Bui Hien and Others v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hussain Javed v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Pham Van Binh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kirtania Sumon Chandra v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Other judgments that cite this case
Further hearings and rulings under HCAL 1294/2018