Obi Charles Micheal v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Case No.HCAL 1859/2019[2020] HKCFI 1824

Court

High Court CFI

Date03 Aug 2020

Judge—

Case Document

100%Judiciary

HCAL 1859/2019

[2020] HKCFI 1824

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1859 of 2019

BETWEEN

	Obi Charles Micheal	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.The applicant’s Form 86 is amended to have the Torture Claims Appeal Board (“the Board”) as proposed respondent and the Director or Immigration (“the Director”) as the interested party.

2.This is the applicant’s application for leave to apply for judicial review of the Board’s Decision dated 23 April 2019 (“the Board’s Decision”).

3.The applicant is a Nigerian national. He is an illegal immigrant. He applied to the Director for non-refoulement claim. The Director rejected his application.

4.The applicant appealed to the Board against the Director’s decision.

5.By the Board’s Decision, the Board rejected his appeal and confirmed the Director’s decision.

6.The applicant filed Form 86 on 3 July 2019 for leave to apply for judicial review of the Board’s Decision.

7.The applicant filed an affirmation on 13 July 2020 with the Court seeking to cancel his application as he was told to do so by the Immigration Department. He had not said the reason for the Immigration Department to advise him to cancel his application. However, there is no evidence to show that he was unwilling or forced to do so. In the circumstances, there is no evidence to show that this Court should make further investigation into his application.

8.It is clear that the applicant has no intention of proceeding with his application. As such, his application should be dismissed.

9.Accordingly, I accede to the applicant’s request and dismiss his application.

Dated the 3^rd day of August 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 3/8/2020 Obi Charles Micheal 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 3/8/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 13048/18/8/318/NI218 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2165/18 (formerly RBCZ 3002136/14) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

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