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HCAL 96/2021
[2024] HKCFI 3259
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 96 of 2021
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Md Abul Hasan |
Applicant |
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and
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Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office |
Putative Respondent |
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and |
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Director of Immigration
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Putative Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord 53 r 3)
Following:
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consideration of the documents only; or |
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consideration of the documents and oral submissions by the Applicant in open court; |
Order by Deputy High Court Judge Levy:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1.The applicant was an illegal immigrant from Bangladesh. In a non-refoulement claim made to the Director of Immigration (“the Director”), the applicant asserted that there was a real risk of torture if refouled. The claim was rejected by the Director, and the appeal to the Torture Claims Appeal Board (“the Board”) also failed. On 28 January 2021, a prescribed Form 86 was filed to apply for leave for judicial review of the Board’s Decision.
2.In neither Form 86 nor the affirmation in support did the applicant provide any grounds to support the leave application, which should accordingly be dismissed.
3.The court recently received information from the Immigration Department that the applicant has passed away.
Dated the 27th day of November 2024
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(Seline Sze)
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 27/11/2024
Md Abul Hasan
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 27/11/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 14447/18/11/290/B1691
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 4162/18 (formerly as RBCZ/20000188/14)
QA T/C 982/12 (formerly as RBCZ/1478/10)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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