Re Gill Jaskaran Singh

HCAL 2248/2018

[2022] HKCFI 1598

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2248 OF 2018

_____________

_____________

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

Date of Decision: 27 June 2022

_____________

D E C I S I O N

_____________

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 Form CALL-1 dated 17 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 22 April 2022 for appeal against the Court’s decision out of time. As the High Court Registry was closed between 7 March 2022 and 11 April 2022, time during this period is not counted for his appeal. The deadline for him to file his notice of appeal is therefore 26 April 2022 (14 days after 11 April 2022).

5.The applicant is therefore within time to file his notice of appeal when he filed his summons on 22 April 2022. I therefore extend time for him to file his notice of appeal. He has to file the notice of appeal within 14 days from the date of this Decision.

The applicant was unrepresented.