Correa Nicholas v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Case No.HCAL 1790/2019[2020] HKCFI 705

Court

High Court CFI

Date07 May 2020

Judge—

Case Document

100%Judiciary

HCAL 1790/2019

[2020] HKCFI 705

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1790 of 2019

BETWEEN

	Correa Nicholas	Applicant
	and
	Torture Claims Appeal Board/ Non-refoulement Claims Petition Office	Putative Respondent
	and
	Director of Immigration	Putative Interested Party

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of documents only; or
	consideration of documents and oral submission by the Applicant in open court;

Order by Deputy High Court Judge K.W. Lung:

Application for leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

1.This is the applicant’s application for leave to apply for judicial review of the Decision dated 19 June 2019 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board’s Decision”).

2.The applicant arrived in Hong Kong on 12 September 2014 as a visitor. He overstayed and surrendered himself to the Immigration Department on 12 December 2014. He lodged a non-refoulement claim on 9 January 2015. The Director of Immigration rejected his claim. He appealed to the Board, which refused his appeal.

3.He took out this application for leave to apply for judicial review against the Board’s Decision.

4.By letter dated 2 August 2019, the applicant applied for withdrawing his application for leave to apply for judicial review against the Board’s Decision, the reason being that he had already obtained a Hong Kong Identity Card and he is now allowed to stay here.

5.In the circumstances, there is no necessity for his application to continue. Accordingly, I dismiss his application.

Dated the 7^th day of May 2020

	(Mike Mak)
	for Registrar, High Court

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Notes for the Applicant: If leave has been granted, the Applicant or the Applicant’s solicitors must:
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).		Sent to the Applicant on 7/5/2020 Correa Nicholas Applicant’s ref. no: Nil.		Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 7/5/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 14031/18/10/373/GA138 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 3450/18(formerly RBCZ 10192/15) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

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