CAMP 346/2023, [2024] HKCA 755

On Appeal From [2023] HKCFI 1328

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 346 OF 2023

(ON AN INTENDED APPEAL FROM HCAL NO. 853 OF 2019)

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DECISION

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Hon Cheung JA (giving the Decision of the Court)  :

1) Renewed application for extension of time to appeal

1. On 27 March 2019, the applicant issued his application for leave to apply for judicial review by Form 86 in HCAL 853/2019.  The applicant’s intended judicial review was against the decision of the Torture Claims Appeal Board (‘the Board’)  dated 18 March 2019 which dismissed his appeal against the decision of the Director of Immigration (‘the Director’)  dated 12 June 2018 rejecting his non-refoulement claim.  Deputy High Court Judge KW Lung refused to grant leave on 30 May 2023.

2. Under Order 53, rule 3(4)  of the Rules of the High Court , the applicant had 14 days to appeal against the decision of the Judge (i.e. by 13 June 2023).  Being out of time for over 1.5 months, the applicant took out an application on 24 August 2023 before the Judge requesting an extension of time to appeal.  The Judge on 20 October 2023 rejected the applicant’s application for extension of time to appeal.

3. On 15 November 2023, the applicant filed the present summons to make a further application to this Court for extension of time to appeal.

4. Pursuant to the directions of the Registrar of Civil Appeals dated 15 November 2023, the applicant was to lodge written submissions on or before 29 November 2023 but the applicant failed to do so.  The applicant has thereby abandoned his right to rely on written submissions.

5. Under Order 59, rule 14A(1)  of the Rules of the High Court , Cap. 4A, this Court may determine an interlocutory application without an oral hearing.  Having considered the applicant’s summons and affirmation, we are of the view that it is appropriate to determine the present application on paper without a hearing based on the available documents.

2) Factual background

6. The applicant is a Pakistan national.  He illegally entered Hong Kong from Mainland China on 5 March 2016 [1] .  He raised his non-refoulement claim on 12 October 2016 [2] .

7. The basis of the applicant’s claim is that he fears he would be harmed or killed by Masood and Rafaqat, chairman of Pakistan Muslim League (N)  (‘PMLN’), and PMLN members in District Attock because he had participated in activities of the rival Pakistan Tehreek-e-Insaf (‘PTI’)  as a supporter [3] .

8. The background facts have been summarized in the decision of the Judge at [5].

3) The Director’s Decision

9. The Director decided against the applicant’s non-refoulement claim on 12 June 2018.  The Decision covered Article 3 of the Hong Kong Bill of Rights (‘ BOR