Re Narasinghe Mudiyanselage Kushan Priyankara
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HCAL 1652/2018 [2021] HKCFI 2066 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1652 OF 2018 _____________
_____________ Before: Deputy High Court Judge K.W. Lung in Chambers Date of Decision: 29 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, by his Decisions, 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 5 June 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 8 September 2020 applying for extension of time to appeal against the Court’s decision. The file was misplaced and the application was therefore unable to be dealt with within the usual time. 5.In his affirmation in support of his application, he said that he did not receive the Court’s decision. 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 consideredthe applicant’s evidence and, for the reasons set out in the Board’s Decision, came to the conclusions below:
9.The applicant is unable to show that he has any reasonable prospect of success in his intended appeal. 10.In the circumstances, I refuse to extend time for his appeal. Accordingly, I dismiss his application.
The applicant was 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
Further hearings and rulings under HCAL 1652/2018