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HCAL 2884/2018 [2021] HKCFI 1915 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 2884 OF 2018 _____________
_____________ Before: Deputy High Court Judge K.W. Lung in Chambers Date of Decision: 20 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 Decisions. 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 30 July 2020 (“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 21 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 within the usual time. 5.In his affirmation in support of his application, he said that the Court had not considered his situation deeply. He also said that he could not go back to his own country because his enemy would kill him. 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 Director took the view that there were no substantial grounds for believing that he would be harmed or killed upon his return to India [20]; that state protection was available to him [29] and internal relocation was an option open to him [30]. His claim under BOR 2 risk was not established. References are those in the Director’s Decision. 9.The Board considered the applicant’s evidence and found that the level of harm he suffered was low; that future risk of harm from BNP was very low and motivation for BNP to harm him for extortion was low; that his evidence in relation to the BNP’s extortions and assaults was inconsistent and was not credible; that his evidence of being assaulted seriously and he fell unconscious at the shop and at home was inconsistent and therefore not credible; that internal relocation was an option open to him and that state protection should be available as his evidence that his brother reported the incidents to police was not credible. See paragraphs 33-54 of the Board’s Decision. 10.The applicant has not been able to say in what respect had the Board erred in its Decision. 11.His reasons are only his opinions without any evidence in support of them. 12.He is unable to show that he has any realistic chance of success in his intended appeal. 13.In the circumstances, I refuse to extend time for his 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
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