Khaliq Salman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1808/2019

[2025] HKCFI 6133

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1808 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 Form CALL-1 dated 2 August 2024 (“the Court’s decision”), the Court dismissed his application for the reason that there is no realistic prospect of success in his intended application.

4.The Court’s decision was sent to the applicant on 2 August 2024 at his last known address without being returned from the Post Office. He is deemed to receive the Court’s decision[1].

5.The time for filing the notice of appeal expired on 16 August 2024[2].

6.By summons filed on 10 October 2025, the applicant applied for appeal against the Court’s decision out of time. He is late for more than 1 year.

7.In his affirmation support of his application, the applicant said that the Court’s decision was unfair without giving him the chance to clarify the matter. He had been detained, serving his sentence for 13 months. It is difficult to find someone to assist him to prepare his case. The Board had not considered his case properly and it did not take into consideration of his mental stress. He wants to stay in Hong Kong because the judicial system here is better than that in Pakistan.

Discussion

8.Pursuant to Order 32, rule 11 and 11A and Order 53, rule 3(3) of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing[3].

9.The Court will 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. I shall consider the merits of his case.

10.In Re Adumekwe Rowland Ejike [2019] HKCA 702, the Court of Appeal held:

“19. The prospect of success of the intended appeal is important: the court will not grant extension for a hopeless appeal to be pursued, see Re Rahman Wasif [2019] HKCA 299 at [13]; Re Kpamou Gbotoi Bernard [2019] HKCA 168; and Re Irshad Muhammad [2018] HKCA 864 at [16].”

11.The applicant lodged his non-refoulement, but he failed to attend an interview with the immigration officer. The matter was kept in abeyance for 4 years. His application was deemed to have been withdrawn. He applied to the Director for re-opening his case. He gave explanation to the Director for his delay by saying that he had to vacate his house and he was under the influence of drug. The Director refused his application. He appealed to the Board.

12.The Board considered the relevant statutory provisions and agreed with the Director’s Decision. It dismissed his appeal.

13.Those reasons under paragraph 7 are not valid for his delay.

14.There is no valid reason from the applicant to challenge the Board’s Decision or the Court’s decision.

15.In the circumstances, I refuse to extend time for his appeal. Accordingly, I dismiss his application.

The applicant was unrepresented.