Case Document

100%Judiciary

HCAL 2452/2018

[2021] HKCFI 1758

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2452 OF 2018

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RE:

AKTAR MST RUMA

Applicant

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Before: Deputy High Court Judge K.W. Lung in Chambers

Date of Decision: 5 July 2021

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D E C I S I O N

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The application

1.The applicant is an illegal immigrant and she lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected her application and she appealed to the Torture Claims Appeal Board (“the Board”). Having considered her evidence, the Board, by its Decision (“the Board’s Decision”), rejected her 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.

3.By Order dated 4 June 2020 (“the Court’s decision”), the Court dismissed her application for the reason that there was no reasonable prospect of success in her intended application.

4.The applicant filed a summons dated 22 June 2020 applying for extension of time to appeal against the Court’s decision. The file was misplaced and the application has not been dealt with within the usual time.

5.In her affirmation in support of her application, she said that she did not receive the Court’s letter with the Court’s decision late and she did not know the reason why it was delivered late; she had to seek her friend’s advice as she is not conversant with the Court’s procedures and she had no money to engage a lawyer for herself; that she believed she had merits in her appeal and there would be other grounds as well; that she is a genuine asylum seeker and she is lucky that she was able to leave her country and her problems still exist in her country.

Discussion

6.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.

7.In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:

“19. The prospect of success of the intended appeal is important: the court will not grant extension for a hopeless appeal to be pursued, see Re Rahman Wasif [2019] HKCA 299 at [13]; Re Kpamou Gbotoi Bernard [2019] HKCA 168; and Re Irshad Muhammad [2018] HKCA 864 at [16].”

8.The Board considered the applicant’s evidence and, for the reasons set out in the Board’s Decision came to the conclusion below; the references are those in the Board’s Decision.

(1) Bearing in mind the judicial guidance for assessment of evidence for this type of cases that the Board must adopt a reasonable approach and in case of doubt, the benefit should be given to the applicant as set down in SM Iran v Secretary of State of the Home Department [2005] UKAIT 116; MA (Somalia) v Secretary of State for the Home Department [2010] UKSC 49, the Board found her evidence inconsistent and without explanation, making her assertions not making sense or were implausible [64 & 65].

(2) She had fabricated her account of key events [69].

(3) Although the Board accepted that she might have been sexually molested by her brothers-in-law and she was exposed to stigma, it did not accept that she would face a real or substantial risk or a real risk of the Prosecution risk [86], the Torture risk [96], the BOR 3 risk [102] or the BOR 2 risk [105]. Also, relocation was an option open to her [77].

9.The applicant had, upon the Court’s request, appeared before me and she confirmed that she had a fair chance of telling her facts before the immigration officer and before the Board.

10.The applicant has not been able to say in what respect had the Board erred in its Decision.

11.Her grounds in support of this application are not valid grounds to show that she has any reasonable chance of success in her intended appeal.

12.In the circumstances, I refuse to extend time for her appeal. Accordingly, I dismiss her application.