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Shamoon Masih v. Torture Claims Appeal Board and Another

Read the full judgment text of HCAL 2321/2018 on BabelCite. This High Court CFI judgment was delivered on 12 March 2021.

1. The Applicant was a national of Pakistan who entered Hong Kong illegally on 9 June 2009 and subsequently raised a non-refoulement claim for protection, and after his claim had been rejected by the Director of Immigration (“the Director”) and that his appeal also dismissed by the Torture Claims Appeal Board (“the Board”), the Applicant then on 23 October 2018 filed a Form 86 in these proceedings for leave to apply for judicial review of both decisions.

Cited by 1 case

Case No.HCAL 2321/2018[2021] HKCFI 657
Court
High Court CFI
Date12 Mar 2021
Judge—
Case Document
100%Judiciary

HCAL 2321/2018

[2021] HKCFI 657

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2321 of 2018

BETWEEN

Shamoon Masih Applicant
and
Torture Claims Appeal Board 1st Putative Respondent
Director of Immigration 2nd 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:

The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

1.The Applicant was a national of Pakistan who entered Hong Kong illegally on 9 June 2009 and subsequently raised a non-refoulement claim for protection, and after his claim had been rejected by the Director of Immigration (“the Director”) and that his appeal also dismissed by the Torture Claims Appeal Board (“the Board”), the Applicant then on 23 October 2018 filed a Form 86 in these proceedings for leave to apply for judicial review of both decisions.

2.However, before his application could be dealt with by the court, the Applicant on 23 January 2020 passed away due to a heart disease according to a copy of his Death Certificate furnished by the Department of Justice for the Director. Accordingly I dismiss his leave application.  

Dated the 12th day of March 2021.

  (TAM Kam-man)
  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 12th March 2021
 
Shamoon Masih
 
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 12th March 2021
 
Torture Claims Appeal Board
1st Putative Respondent’s ref. no.:
USM 1476/15/5/8/P457

Director of Immigration
2nd Putative Respondent’s ref. no.:
RBCZ 9000123/16 (formerly RBCZ 1510/09)

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) 

Form CALL-1

Cited by 1 case

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