Azeem Nasir v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 1511/2020 [2026] HKCFI 2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO. 1511 OF 2020 _____________ BETWEEN
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_____________ D E C I S I O N _____________ 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”). As the applicant’s appeal was out of time, the Board, by its Decision (“the Board’s Decision”), refused to extend time for him to file his notice of appeal, effectively dismissed his appeal. 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 12 July 2022 (“the Court’s decision”), the Court granted leave to the applicant to apply for judicial review of the Board’s Decision. The Court further ordered that the applicant should issue the originating summons within 14 days after the decision. 4.The Court’s decision was sent to the applicant on 12 July 2022 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 originating summons expired on 26 July 2022[2]. 6.By letter lodged on 3 February 2026, the applicant applied for extension of time to issue the originating summons for judicial review of the Board’s Decision. He is late for more than 3 years and 6 months. The applicant asked for 14 days to issue the originating summons. 7.The applicant admitted that he had delayed the application because he is not an educated person and he apologized. 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 reason under paragraph 7 is not valid for his delay. 10.It is clear that the Board had not considered the merits of the applicant’s case. The Court decides to give the applicant one final chance to take out an application for leave for judicial review of the Board’s Decision. In view of the long delay and lack of good reasons, the Court decides to impose a “unless order” on the applicant in terms as follows:
The applicant was unrepresented. [1] Re: Ravinder Singh [2023] HKCA 604, Hon Poon CJHC and Cheung JA, 28 April 2023
[2] The public holidays are included in the 14-day period as per Order 2(5) of the Rules of the High Court
[3] Ogbozor Tochukwu Eugene v Torture Claims Appeal Board/Non-refoulement Claims Petition Office and Director of Immigration [2022] HKCA 607, Hon Kwan VP and G Lam JA, 6 May 2022:
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Cases cited in this judgment
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
Magno Merry Khris Fonseca v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Further hearings and rulings under HCAL 1511/2020