Mboweto Uwesu Mohamed v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 3865/2019 [2025] HKCFI 4396 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 3865 OF 2019 ________________________
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_________________ D E C I S I O N _________________ 1.By my decision dated 16 April 2025, I refused to grant leave to the Applicant to apply for judicial review of the decision of the Torture Claims Appeal Board (the “TCAB”) dated 14 November 2019 which refused the Applicant’s non-refoulement protection claim. 2.By a summons issued on 19 May 2025, the Applicant seeks extension of time to appeal against my above decision. As the 14-day appeal period under O.53, r.3(4) of the RHC expired on 30 April 2025, the Applicant is out of time in his intended appeal by 20 days. 3.The applicable principles are trite: the court shall have regard to (i) the length of the delay; (ii) the reason for the delay; (iii) the prospect of the intended appeal; and (iv) the prejudice to the respondent if extension of time were granted (see Re Gurung Min Bahadur [2018] HKCA 226 and Re Saqlain Muhammad [2018] HKCA 346). 4.The delay in the present case was not short and there is nothing by way of explanation in the Applicant’s affirmation filed in support of the present application. 5.Further and more importantly, there is nothing in either the present summons or the supporting affirmation to indicate even an attempt to raise any proposed grounds of appeal, or any error in the decision he seeks to appeal against. When asked at the hearing on 1 September 2025, the Applicant did not add anything apart from alleging that it was still not safe for him to return to his home country of Tanzania. As such I fail to see any prospect of success in his intended appeal. 6.In the premises, it would be pointless to extend the time for the Applicant’s intended appeal. I therefore dismiss the application.
The Applicant appeared in person | ||||||||||||||||||||||||||
Cases cited in this judgment
Noor Ahmed v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kuldip Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Attaurehman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ahmed Siddique v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Arif Miah v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Gurjinger Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ahamed Mohammad Shamim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Miah Fahim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Begum Laila v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Saha Bikash Kumar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Kaba Abdoul Karim v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Shakir Seikh v. Non-refoulement Claims Petition Office
Ambatali Ruben Dumayas v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Mohammad Farooq v. Torture Claims Appeal Board
Sugiana I Komang v. Torture Claims Appeal Board
Liana Wijayanti v. Torture Claims Appeal Board
Dinh Van Tau v. Torture Claims Appeal Board
Kiran Kumar v. Torture Claims Appeal Board
Sukhdev Singh v. Torture Claims Appeal Board
Henri Chico Gomes v. Torture Claims Appeal Board
Further hearings and rulings under HCAL 3865/2019