Case Document

100%Judiciary

HCAL 1341/2021

[2022] HKCFI 1122

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1341 of 2021

BETWEEN
	Das Purnima Rani	Applicant
	and
	Director of Immigration	Putative Respondent

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 Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

Leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

1.The applicant is an illegal immigrant. He lodged non-refoulement claim with the Immigration Department. His application was rejected. He appealed to the Torture Claims Appeal Board (the “Board”). The Board dismissed his appeal.

2.The applicant filed Form 86 on 25 May 2018 for application for leave to apply for judicial review of the Board’s Decision. He failed and appealed. His appeals all the way to the Court of Final Appeal were dismissed. He then made a subsequent claim to the Director of Immigration Department (the “Director”). The Director rejected his application. He then applied for judicial review of the Director’s decision.

3.By Form CALL-1, this Court dismissed his application and imposed a Restrictive Proceedings Order upon him, prohibiting him from instituting further proceedings or continuing with his existing proceedings on the same facts of his case without leave of the Court.

4.The applicant applied for leave to start fresh proceedings. But he was out of time.

5.The Court set the application down for hearing. However, before the hearing, the applicant sent in a letter saying he would withdraw his application.

6.Accordingly, the Court dismissed his application.

Dated the 25^th day of April 2022

(M.O. WONG)(Ms)
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 25 April 2022 Das Purnima Rani 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 25 April 2022 Director of Immigration Putative Respondent’s ref. no.: L/M (23200) in ImmD RA 7/37/C (formerly RBCZ/10547/15) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cited by 1 case

Other judgments that cite this case

Das Purnima Rani v. Director of Immigration

High Court CFI19 Oct 2021

Other Judgments in This Case

Further hearings and rulings under HCAL 1341/2021

Das Purnima Rani v. Director of Immigration

High Court CFI19 Oct 2021