Re Kalwinder Singh

HCAL 1048/2019

[2022] HKCFI 2165

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1048 OF 2019

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

Date of Decision:  28 July 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 by remaining in Hong Kong without permission 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 Decisions (the “Board’s Decisions”), 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 Decisions.

3.By Form CALL-1 dated 16 June 2022 (the “Court’s decision”), the Court granted leave to the applicant to apply for judicial review of the Board’s Decision dated 21 March 2019. The Court also ordered the applicant to issue the originating summons for hearing within 14 days after the grant of leave in accordance with Order 53, rule 5(5) of the RHC (“the Court’s Order”).

4.The applicant filed a summons on 8 July 2022 for appeal against the Court’s decision out of time.

5.In his affirmation in support of his application, he said he did not receive the Court’s decision on time.

Unless Order under Order 42, rule 2(1) of the RHC

6.There is no reason from the applicant to explain why he had not taken out the originating summons in accordance with the Court’s Order and instead applied to appeal the Court’s decision out of time.

7.In the circumstances, the Court now orders that unless the applicant within 14 days of the service of this order, the applicant issues the originating summons in accordance with the Court’s Order, the applicant shall be deemed to have abandoned his application for judicial review of the Board’s Decision; the Court’s Order shall be set aside and the applicant’s application be dismissed forthwith.

The applicant was unrepresented.