Re Md Abdullah Al Mamun
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HCAL 1420/2018 [2021] HKCFI 1922 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1420 OF 2018 _____________
_____________ Before: Deputy High Court Judge K.W. Lung in Chambers Date of Decision: 15 July 2021 ________________________ 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”). 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 (“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. 3.By Order dated 14 April 2021 (“the Court’s decision”), the Court dismissed his application for the reason that there was no reasonable prospect of success in his intended application. 4.The applicant filed a summons dated 16 June 2021 applying for extension of time to appeal against the Court’s decision and for leave to advance new ground of appeal. 5.In his affirmation in support of his application, he said that he considered the Court’s decision unfair and unreasonable without allowing him a chance to clarify his situation in his country and that he was not aware of the time for the appeal. 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.By the Board’s Decision, the Board rejected his appeal and affirmed the Director’s Decisions 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. His reasons above do not assist his application as he is still unable to say what clarification he would make in relation to the situation of his country. 10.He is unable to show that he has any reasonable prospect of success in his intended appeal. 11.In the circumstances, I refuse to extend time for his appeal. I also refuse leave for him to advance new ground of appeal. Accordingly, I dismiss his application.
The applicant was unrepresented. |
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Cases cited in this judgment
Sri Utami v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Thi Hoang Nhung Acting As the Next Friend of v. Bao v. V. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Thi Ninh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Omary Bilal Issa v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Asma Sahid Runa and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kaewsena Chaikiat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Md Yeasin and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Surop Violeta Lopez v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Naseem Shafaqat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Angotra Vidhi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kashmir Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sulistyowati v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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
Further hearings and rulings under HCAL 1420/2018