Re Kumaroh and Another

HCAL 1646/2018

[2021] HKCFI 1894

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1646 OF 2018

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

Date of Decision: 8 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 11 December 2019 (“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 29 June 2019 applying for extension of time to appeal against the Court’s decision.  The file was misplaced and the application has not been dealt with in the usual time.

5.In her affirmation in support of her application, she said that she rejected the Court’s decision.  She did not receive the court’s letter because she moved her residence.

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 its conclusion refusing her appeal and confirmed the Director’s Decision.  Below are the reasons; the references are those in the Board’s Decision.

(1) It found that the applicant failed to establish that there existed a well-founded fear that they would be subjected to persecution, for a convention reason, if they were refouled to Indonesia [44(A)(h)]

(2) There were not substantial grounds that they would face a genuine and substantial risk of being subjected to severe ill-treatment if they returned to Indonesia [44(B)(c)].

(3) It found no substantial grounds for believing that the applicant would be liable to torture if they return to Indonesia [44(C)(c)].

(4) There was no evidence that BOR 2 would be violated [44(D)(a)].

(5) Internal relocation is an option open to the applicant [50].

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

10.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.

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

The applicant was unrepresented.