Re Morillo Eleja Loquinario

HCAL 192/2022

[2022] HKCFI 2394

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 192 OF 2022

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Before:  Deputy High Court Judge K.W. Lung in Chambers

Date of Decision:  18 August 2022

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D E C I S I O N

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The application

1.The applicant remains in Hong Kong without permission of the Director of Immigration. She lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. She appealed to the Torture Claims Appeal Board (the “Board”). The Board dismissed her appeal.

2.The applicant applied to the High Court for judicial review of the Board’s decision. She failed all the way to the Court of Final Appeal. Subsequently, she applied to the Director for a subsequent claim. The Director had refused her application. She then applied to the High Court for judicial review of the Director’s decision.

3.Having considered her application, the Court has, by an Order dated 24 June 2022, dismissed her application for judicial review of the Director’s decision. At the same time, the Court imposed a restrictive order (“RPO”) on the applicant, prohibiting her from instituting further proceedings in the High Court on the same facts.

4.The applicant sent to the Court letter dated 29 June 2022 to the court, in which she stated that she wanted to withdraw her application for judicial review.

5.Since the Court has dismissed her application for judicial review of the Director’s Decision and has also impose a RPO on the applicant, it is unnecessary for the Court to make further order on her application. The Court therefore makes no order for her application.

The applicant was unrepresented.