Doptory Md Kobir v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 2072/2019

[2024] HKCFI 502

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2072 OF 2019

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BETWEEN

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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 staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director 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 Order dated 30 December 2022 (“the Court’s decision”), the Court dismissed his application upon his application to withdraw his application.

4.By summons filed on 5 December 2023, the applicant applied for appeal the Court’s decision out of time.

Discussion

5.Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing.

6.The Order of dismissal of the applicant’s application upon his application for withdrawal has been sealed on 30 December 2022. As such, the Court is functus insofar as the leave application is concerned. The Court therefore has no jurisdiction to entertain his application. See Nguyen Quang Hien & Others v Torture Claims Appeal Board/Non-Refoulement Claims Petition Office & Director of Immigration [2022] HKCA 1704, Hon Barma and Au JJA, 16 November 2022, paragraph 24.

7.Accordingly, I dismiss his application.

The applicant was unrepresented.