Tran Thanh Hoai v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2191/2019[2024] HKCFI 2674

Court

High Court CFI

Date22 Oct 2024

Judge—

Case Document

100%

HCAL 2191/2019

[2024] HKCFI 2674

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2191 of 2019

BETWEEN
	Tran Thanh Hoai	Applicant
	and
	Torture Claims Appeal Board / Non-Refoulement Claims Petition Office	Putative Respondent
	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 the documents only; or

consideration of the documents and oral submissions by the Applicant 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 was an illegal immigrant. She had made non-refoulement claim to the Director of Immigration (“the Director”). The Director refused her claim. She appealed to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) The Board dismissed her appeal.

2.The applicant’s claim is based on her fear that, if refouled, she will be harmed or killed by her creditor because she was unable to repay her loan. The Director found that her claim was unsubstantiated. On appeal, the Board found that the claimed risks were remote, state protection would be available and internal relocation was viable. The applicant has raised no valid reason to challenge the Board’s Decision.

3.The applicant filed Form 86 on 1 August 2019 to apply for leave to apply for judicial review of the Board’s Decision.

4.The Court received information from the Immigration Department that the applicant has deceased.

9. In the circumstances and for case management, this application should be dismissed.

5.I dismiss the applicant’s application.

Dated the 22^nd day of October 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 22/10/2024 Tran Thanh Hoai 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 22/10/2024 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 5582/16/12/229/V759 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2391/16 (Formerly RBCZ/11989/15) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1