Grangdan Tamang Anis v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1906/2019[2024] HKCFI 1959

Court

High Court CFI

Date15 Aug 2024

Judge—

Case Document

100%

HCAL 1906/2019

[2024] HKCFI 1959

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1906 of 2019

BETWEEN
	Grangdan Tamang Anis	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 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:

THE APPLICATION

1.The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.The applicant filed Form 86 on 8 July 2019 to apply for leave to apply for judicial review of the Board’s Decision.

3.The Court made enquiry with the Immigration Department for the updated address of the applicant.

4.The Immigration Department replied by a letter dated 19 July 2024, informing this Court that the applicant’s application for entry for residence as a dependant in Hong Kong was approved by the Immigration Department on 16 September 2020.

5.Under those circumstances, the applicant should apply to the Court to withdraw his application, which will serve no practical purpose.

6.The Court attempted to contact the applicant, but was unable to contact him.

7.There is no reason to cast any doubt on the Immigration Department’s information above. The court should not keep the application in abeyance for case management of the matter under Order 1A of the Rule of the High Court (“RHC”). The Court will therefore exercise its discretion under Order 1B, rule 1(2)(l) of the RHC[1] to dismiss the applicant’s application, with liberty to apply in case there are unforeseeable issues that the applicant may make further application.

8.The application is therefore dismissed.

Dated the 15^th day of August 2024

(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 15/8/2024 Grangdan Tamang Anis 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 15/8/2024 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 12330/18/7/80/N483 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1767/18 (formerly RBCZ 10967/16) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

[1] Courts general powers of management (O.1B, r.1)

1(2) Except where these rules provides otherwise, the Court may by order_

(l) take any step or make any other order for the purpose of managing the case and furthering the underlying objectives set out in Order 1A.