Maneboy Christian Paul By Next of Friend Zabala, Evangeline Bea v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Case No.HCAL 1650/2018[2020] HKCFI 2711

Court

High Court CFI

Date23 Oct 2020

Judge—

Case Document

100%Judiciary

HCAL 1650/2018

[2020] HKCFI 2711

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1650 OF 2018

BETWEEN

	Maneboy Christian Paul by next of friend Zabala, Evangeline Bea	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 the documents only; or
	consideration of the documents and oral submissions by the Applicant in open court.

Order by Deputy High Court Judge P Li:

Leave to apply for Judicial Review be refused.

Observations for the Applicant:

1.The applicant was born on 23 October 2015 in Hong Kong. He was a national of Philippines.

2.This application was made on his behalf by his mother who was the applicant in HCAL 1269/2018.

3.On 29 June 2017, the Director of Immigration rejected the non-refoulement claim of the applicant on all applicable grounds. The basis of the decision was the same as his mother’s case (HCAL 1269/2018).

4.Likewise, the TCAB rejected his appeal on 9 August 2018. The decision was based on the findings of the TCAB in his mother’s case (HCAL 1269/2018).

5.As the applicant’s case is identical and derived from his mother’s case, I see no need to give a separate reason for this leave application. I adopt the Form CALL-1 in HCAL 1269/2018, I refuse leave for judicial review for the same reasons.

Dated the 23^rd day of October 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 23 October 2020 Maneboy Christian Paul by next of friend Zabala, Evangeline Bea 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 23 October 2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 7692/17/7/73/F398 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 902/17 (Formerly RBCZ 10328/17) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Zabala Evangeline Bea v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

HCAL 1269/2018

High Court CFI23 Oct 2020

Cited by 1 case

Other judgments that cite this case

Zabala Evangeline Bea v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

High Court CFI23 Oct 2020