Pham Huu Thanh v. Torture Claims Appeal Board and Another

Case No.HCAL 2906/2019[2020] HKCFI 1178

Court

High Court CFI

Date17 Jun 2020

Judge—

Case Document

100%Judiciary

HCAL 2906/2019

[2020] HKCFI 1178

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2906 of 2019

BETWEEN

	Pham Huu Thanh	Applicant
	and
	Torture Claims Appeal Board	1^st Putative Respondent
	Immigration Department	2^nd Putative Respondent

Application for Leave to Apply for Judicial Review

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

Following:

	consideration of the documents only; or
	consideration of the documents and oral submissions by (counsel for) the Applicant in open court / the Applicant being absent in open court;

Order by Deputy High Court Judge Bruno Chan:

Leave to apply for judicial review dismissed.

Observations for the Applicant:

1.The Applicant is a national of Vietnam who had raised a non-refoulement claim for protection with the Immigration Department on the basis that if he returned to Vietnam his life would be in danger, which claim was subsequently rejected by the Director of Immigration, while his appeal to the Torture Claims Appeal Board (“the Board”) was also dismissed on 12 September 2019.

2.On 3 October 2019 the Applicant filed a Form 86 for leave to apply for judicial review of the Board’s decision, but no ground for seeking relief was given in his Form, and in his supporting affirmation of the same date he merely stated that he did not agree with the decision as he cannot go back to his home country because his life would be in danger over there.

3.However, before his application could be dealt with by the court, on 8 June 2020 the Applicant filed an affirmation to request that his application be withdrawn because “his family has helped to solve the economic problem that he had, and that it is very safe for him to return home”.

4.In the premises and since the basis for his claim no longer exists, it would be appropriate that his application be dismissed rather than withdrawn, and accordingly I so order.

Dated the 17^th day of June 2020.

(NG Hang-yin)
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 his 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 17^th June 2020 Pham Huu Thanh 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 17^th June 2020 Torture Claims Appeal Board 1^st Putative Respondent’s ref. no.: Nil. Immigration Department 2^nd Putative Respondent’s ref. no.: Nil. Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1