Case Document

100%Judiciary

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

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RE:

MD ABDULLAH AL MAMUN

Applicant

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

Date of Decision: 15 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 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:

“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.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.

(1) The Board, having considered the applicant’s evidence [41-52], found that the applicant’s claim lacked credibility and there was no risk of serious harm against him and his fear was not well-found. [53]

(2) The Board rejected all his alleged facts in support of his claim and that the state was not involved in the incidents. Furthermore, state protection would be available to him if he returned to Bangladesh. [54-67]

(3) Although internal relocation would be irrelevant given the fact that the Board had rejected his factual evidence, however, it is considered that it was possible for the applicant to relocate himself if he returned to Bangladesh. [86-88]

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.