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HCAL 2111/2019
[2024] HKCFI 2802
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2111 of 2019
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Nandutu Sylivia |
Applicants |
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and
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
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Putative Respondent |
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and
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Director of Immigration |
Putative Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Flloowing;
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consideration of documents only; or |
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consideration of documents and Applicant being present in open court; |
Order by Deputy High Court Judge K.W. Lung:
1. Leave for the applicants to apply for Judicial Review of the Board’s Decision dated 9 February 2018 be granted; and
2. The applicant shall issue the originating summons for hearing within 14 days from the date of this Order, pursuant to Order 53, rule 5 of the Rules of the High Court.
3. A copy of this Order be served on the Director of Justice, who shall work out the proper directions for the judicial review hearing with the applicant.
4. Liberty to apply.
Observations for the Applicant:
THE APPLICATION
1.Leave is granted to the applicant to apply for judicial review of the Board’s Decision dated 9 February 2018 for the reason that the Board did not consider the merit of the case, contrary to the decision of the Court of Appeal[1].
2.The applicant shall issue the originating summons for hearing within 14 days from the date of this Order, pursuant to Order 53, rule 5 of the Rules of the High Court.
3.A copy of this Order be served on the Director of Justice, who shall work out the proper directions for the judicial review hearing with the applicant.
4.Liberty to apply.
Dated the 29th day of October 2024
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(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:
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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)).
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Sent to the Applicant
on 29/10/2024
Nandutu Sylivia
Applicant’s ref. no:
Nil.
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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 29/10/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 6203/17/2/202/U23;
USM 6204/17/2/203/U24
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 2264/15 (formerly RBCZ 422/11);
QA T/C 2634/16 (Formerly RBCZ 13229/16)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
[1] Re Khan Kamal Ahmed [2019] HKCA 377, Hon Yuen JA, Lisa Wong J, 2 April 2019
“18. …where there is a serious or significant breach for which no good reason is given, the decision maker moves to evaluate all the circumstances of the case with a view to dealing justly with the application.
20. … …it was incumbent upon the Board, in exercise of its discretion to extend time for appeal, to take the merits of the applicant’s case into account regardless of the procedural breaches or the lack of explanation therefor.”
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