Re Hossain Md Delowar

HCAL 669/2021

[2021] HKCFI 2782

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 669 OF 2021

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Before: Deputy High Court Judge Bruno Chan in Chambers

Date of Decision: 21 September 2021

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D E C I S I O N

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1.On 24 August 2021 Deputy High Court Judge K W Lung refused to grant leave to the Applicant to apply for judicial review of the decision of the Director of Immigration (“Director”) in refusing to allow him to make a subsequent claim for non-refoulement protection upon finding no proper ground had been put forth by him for his intended challenge, that there was no error of law or procedural unfairness in the Director’s decision or any prospect of success in his intended application, and as his attempt to re-litigate his non-refoulement claim was an abuse of process that a Restricted Proceedings Order (“RPO”) was also made against him on the terms and conditions as set out in that order of 24 August 2021.

2.The Applicant now by a letter dated 27 August 2021 together with a copy of a summons but which has not been filed seeks leave to appeal against that decision in pursuance of paragraph (2) of that order, but no proper ground has been put forth by him for his intended appeal in his summons, and in his supporting affirmation he just stated that he does not want to be sent back to his home country and hence he has to appeal to save his life.    

3.As such and in the absence of any error in the decision being clearly and properly identified by the Applicant, I do not see any prospect of success in his intended appeal, and accordingly I dismiss his application.  

The Applicant was not represented