Re Saudah and Another
|
HCAL 2387/2018 [2021] HKCFI 1978 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 2387 OF 2018 _____________
_____________ Before: Deputy High Court Judge K.W. Lung in Chambers Date of Decision: 14 July 2021 _____________ D E C I S I O N _____________ The application 1.The applicants are illegal immigrants. The 1st applicant is the mother of the 2nd appellant, on whose behalf and herself, she lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director, by his Decision, rejected their application and they appealed to the Torture Claims Appeal Board (“the Board”). Having considered her evidence, the Board, by its Decision (“the Board’s Decision”), rejected their appeal and affirmed the Director’s Decision. 2.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicants filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision. This application was late and they applied for extension of time to appeal. 3.By Order dated 13 May 2020 (“the Court’s decision”), the Court dismissed their application for the reason that there was no realistic prospect of success in their intended application. 4.The applicants filed a summons dated 31 August 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 in the usual time. 5.In her affirmation in support of their application, the 1st applicant said that she does not understand the judicial system. 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:
8.The Board considered the applicant’s evidence and, for the reasons set out in the Board’s Decision [32], came to the conclusion that they had not made out a case for non-refoulement for the reasons below; the references are those in the Board’s Decision.
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 they have any realistic prospect of success in their intended appeal. 11.In the circumstances, I refuse to extend time for their appeal. Accordingly, I dismiss their application.
The applicants were unrepresented. |
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 2387/2018