Case Document

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HCAL 773/2021

[2021] HKCFI 2923

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 773 OF 2021

____________________

RE:

IMRAN KHAN

Applicant

____________________

Before:

Deputy High Court Judge Bruno Chan in Chambers

Date of Decision:

5 October 2021

____________________

D E C I S I O N

____________________

1.On 24 June 2021 I refused to extend time to the late application of the applicant for leave to apply for judicial review of the decisions of the Director of Immigration (“Director”) or of the Torture Claims Appeal Board (“Board”) in rejecting/dismissing his non-refoulement claim upon finding that there was no good reason for his extremely serious delay, that none of the grounds put forward by him reasonably arguable for his intended challenge, that there was no error of law or procedural unfairness in the process before the Director or the Board or in their decisions, and that there was no reasonable prospect of success in his intended application.

2.On 12 July 2021 the court received a summons and affirmation from the applicant sent by post from T.G.C.I. as stated in the summons (assuming it is Tai Tam Gap Correctional Institution) with the same statement in both documents as follows:

“Because my Torture Claim Appeal case from Immigration Department and Torture Claim Appeal Board is reject, so that I applied Judicial Review. And now my Judicial Review 24/06/2021 also reject so that I need to apply against to Judicial Review Summon. Now I cannot return to my country. Because in my country my problem not finish. So if I go back my life will have danger.”

3.To save time and resources, I propose to deal with the matter on paper without a hearing, as it is clear from the above that the applicant’s leave application for judicial review of the Board’s decision has already been disposed of by the decision dated 24 June 2021, that it is well settled that it would be an abuse of process for an applicant to try to re-litigate his case by bringing a second judicial review application in respect of the same decision of the Board (see Bepary Shahealom v Torture Claims Appeal Board [2018] HKCA 763; Re Mamun Mohammad Tuhin Al [2018] HKCA 442; Sujan Gazi v Torture Claims Appeal Board [2018] HKCA 519; and Begum Khadija v Torture Claims Appeal Board [2018] HKCA 571), and in the absence of any arguable basis for the applicant in the present case to make a second attempt to judicial review the same decision of the Board, this application of his must be struck out and dismissed, which I hereby order accordingly.