Nguyen Duc Hao v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1237/2019

[2024] HKCFI 1627

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 1237 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 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 November 2023 (“the Court’s decision”), the Court dismissed his application for the reason that there is no realistic prospect of success in his intended application. The Court’s decision was sent to the applicant’s last known address on 30 November 2023.

4.However, the Court’s decision was returned from the Post Office on 10 May 2024. After updating the applicant’s address with the Immigration Department, the court re-sent the Court’s decision to the applicant at his new address on 6 June 2024.

5.The time for the applicant to file the Notice of Appeal expires on 20 June 2024.

6.Because of the miscommunication as stated above, time for the applicant to file the Notice of Appeal is extended to 10 July 2024, 14 days from the date of this Order.

The applicant appeared in person.