Case Document

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HCAL 1588/2021

[2026] HKCFI 5548

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1588 OF 2021

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BETWEEN

	Mahmood Shahzaib	Applicant
	and
	Torture Claims Appeal Board	Putative Respondent
	and
	Director of Immigration	Putative Interested Party

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Before:

Deputy High Court Judge Michael WONG in Chambers (Open to Public)

Date of Hearing:	18 September 2026
Date of Handing Down of Decision:	30 September 2026

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D E C I S I O N

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Background

1.By way of summons filed on 4 August 2026 (“the Summons”), the applicant applies for an extension of time to appeal against my order made on 15 July 2026, which dismissed the applicant’s application for leave to apply for judicial review in respect of the decision of the Torture Claims Appeal Board dated 10 November 2021.

2.Order 53, rule 3(4) of the Rules of the High Court, Cap 4A, stipulates that “Where an application for leave is refused by a judge …, the applicant may appeal against the judge’s order to the Court of Appeal within 14 days after such order”.

3.In Re Li Jing [2015] 2 HKLRD 933, it was held that the time for lodging an appeal against the refusal of granting leave to apply for judicial review started to run from the date of the making of the order, not from the date when the sealed order was issued, nor from the date when the sealed order was mailed, and no account should be taken of the fact that the applicant received the sealed order late (see also Re Gurung Min Bahadur [2018] HKCA 226).

4.As my order was made on 15 July 2026, the last day for the applicant to lodge an appeal was on 29 July 2026. Thus, the time for appealing against my order has expired, and the applicant requires leave from this court to appeal out of time.

The applicable law

5.In considering whether to extend time for appealing a decision refusing leave to apply for judicial review, the court will take into account: (1) the length of delay; (2) the reasons for the delay; (3) the prospect of the intended appeal; and (4) the prejudice to the respondent if an extension of time were granted (see Jagg Singh v Torture Claims Appeal Board and another [2020] HKCA 844).

6.However, the crucial consideration in such an application is whether the applicant can show that there is a reasonable prospect of success in the intended judicial review (see Re Gurung Min Bahadur, supra), and the court will not grant extension for a hopeless appeal to be pursued (see Re Adumekwe Rowland Ejike [2019] HKCA 702).

Discussion

7.In the Summons and his supporting affirmation dated 4 August 2026, the applicant explained his delay in lodging the appeal by saying that he was not aware that his judicial review application had been dismissed and he had no idea that he could make an appeal.

8.However, at the hearing of the Summons on 18 September 2026, the applicant further explained his delay by saying that when he received this court’s letter enclosing the decision by post, the time for appealing had passed because he did not check his letter box every day.

9.The applicant’s explanations in the Summons and his supporting affirmation are inconsistent with his explanation at the oral hearing. At the hearing, he admitted that he did receive this court’s decision by post and he was aware that the time for appealing had passed. Thus, it was not a case that he did not receive this court’s decision and was not aware that he could appeal. The reasons given by the applicant for his lateness in filing the intended appeal are clearly not satisfactory.

10.Moreover, the applicant did not give any valid ground for his intended appeal in the Summons or his supporting affirmation. At the oral hearing of the Summons, when I asked the applicant for his grounds of appeal, he merely said that there was a fight going on in his country, he needed some time and if the situation is ok, he would go back. These are simply not valid grounds of appeal.

11.For this application to be successful, the applicant must demonstrate that this court had made errors of law or failed to take account of relevant matters already placed before this court or was otherwise plainly wrong (see Nupur Mst v Director of Immigration [2018] HKCA 524). The applicant has failed to demonstrate any of the above.

12.As there is no satisfactory explanation for the applicant’s delay in lodging the intended appeal, and there is no reasonable prospect of success in the intended appeal, I am not prepared to grant any extension of time for the applicant to pursue such a hopeless appeal.

Conclusion

13.For reasons aforesaid, the Summons is dismissed.