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Litu Mia v Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date11 June 2021
Neutral Citation[2021] HKCA 821
Year2021
Judgement NumberCAMP176/2020
Subject MatterMiscellaneous Proceedings
CourtCourt of Appeal (Hong Kong)
CAMP176A/2020 LITU MIA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 176/2020

[2021] HKCA 821

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 176 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 1278 OF 2018)

________________________

BETWEEN

Litu Mia Applicant
and
Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent
and
Director of Immigration Putative Interested Party

________________________

Before: Hon Kwan VP, Chu JA and Au JA in Court

Date of Judgment: 11 June 2021

________________________

J U D G M E N T

________________________


Hon Kwan VP (giving the Judgment of the Court):

1. This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chu JA) handed down on 23 April 2021 ([2021] HKCA 535). The Court of Appeal dismissed his application for leave to appeal out of time against the decision of Deputy High Court Judge Bruno Chan dated 10 June 2020 ([2020] HKCFI 445) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2. Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 11 May 2021 that the applicant should lodge written submissions in support of his Notice of Motion on or before 24 May 2021 and that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the direction or the expiry of time for compliance with the direction. The applicant did not lodge any written submission as directed. As the time for compliance with the said directions has expired, and, having considered the papers, we think it appropriate to determine this application on paper and will proceed to do so.

3. The applicant is a national of Bangladesh. He entered Hong Kong illegally in October 2013 and was arrested by the police on 14 November 2013. He raised a non-refoulement claim on 27 June 2014 on the basis that if he returns to Bangladesh he will be harmed or killed by a local leader of the rival political party Awami League for failing to pay extortion money.

4. He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. His application was late by 13 days. It...

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