Re Sarder Abdul Mazid

HCAL 248/2019

[2022] HKCFI 1573

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 248 OF 2019

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

Date of Decision:  14 June 2022

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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, by his Decision, rejected his application and she 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 Form CALL-1 dated 6 April 2022 (the “Court’s decision”), the Court dismissed his application for the reason that there is no realistic prospect of success in his intended judicial review.

4.The applicant filed a summons on 25 April 2022 for appeal against the Court’s decision out of time. The Registry of the High Court was closed between 7 March 2022 and 11 April 2022 because of COVID 19 virus spread, such time should not be counted for time to appeal. The deadline to file the notice of appeal is therefore 25 April 2022 (14 days from 11 April 2022).

5.The applicant was within time when he filed the application for extension of time. Therefore, I extend time for him to file his notice of appeal. The time is extended for 14 days from the date of this Order.

The applicant was unrepresented.