Re Re: Sukhmander Singh
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HCAL 2284/2018 [2022] HKCFI 3231 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 2284 OF 2018 _____________
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_____________ D E C I S I O N _____________ The application 1.The applicant is an illegal immigrant for staying in Hong Kong without permission 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, 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 3 August 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 against the Board’s Decision. 4.The applicant lodged 2 letters dated 8 October 2022 and 11 October 2022 for appeal against the Court’s decision out of time, saying that she had moved to a new address, but he did not update the court’s record. So, he did not receive the Court’s decision. Discussion 5.Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reasons, I decide to determine this application without an oral hearing. 6.The Court shall consider the factors as set out in AW v. Director of Immigration and William Lam [2016] 2 HKC 393 at para. 27(3) in considering if extension of time should be extended: (1) the length of delay; (2) the reasons for the delay; (3) the prospect of the intended appeal; and (4) the prejudice to the putative respondent if extension of time was granted. The deadline for appeal is on 17 August 2022 and the delay is 1 month and 3 weeks . I shall consider the merits of the case. 7.In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:
8.The applicant claimed that, if refouled, , he would be harmed or killed by his parental uncle Bikar Singh. 9.By way of the Director’s Decision, the Director refused the applicant’s claim for the reason that his claim was not substantiated. He appealed to the Board. 10.Having considered the applicant’s evidence, the Board had doubt on the applicant’s credibility and also found that state protection would be available to him. It therefore dismissed his appeal. 11.The applicant has failed to raise any valid reason to show that there is any realistic prospect of success in his intended appeal. 12.In the circumstances, I refuse to extend time for the applicant to file his notice of appeal. Accordingly, I dismiss his application.
The applicant was unrepresented. |
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Cases cited in this judgment
Sri Utami v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Thi Hoang Nhung Acting As the Next Friend of v. Bao v. V. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Nguyen Thi Ninh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Omary Bilal Issa v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Asma Sahid Runa and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kaewsena Chaikiat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Md Yeasin and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Surop Violeta Lopez v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Naseem Shafaqat v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Angotra Vidhi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kashmir Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Sulistyowati v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Anam Khoirul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bahrudin Muhamad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Priyono Sugeng v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Hasan Md Mehedi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Pham Van Cuong v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Fadil Muchamad Hairul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Fitri Handayani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mubarok Abdul v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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Further hearings and rulings under HCAL 2284/2018