Re Joginder Pal

HCAL 192/2019

[2022] HKCFI 1597

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 192 OF 2019

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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 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 Form CALL-1 dated 28 March 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. Such period should not be counted for time for appeal. The deadline for his appeal is 26 April 2022 (14 days from 12 April 2022).

5.Since he should be within time when he filed his application for extension of time, I extend time for him to appeal. The time is extended for 14 days from the date of this Order.

The applicant was unrepresented.