Malkeet Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2219/2020[2024] HKCFI 3261

Court

High Court CFI

Date27 Nov 2024

Judge—

Case Document

100%

HCAL 2219/2020

[2024] HKCFI 3261

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2219 of 2020

BETWEEN
	Malkeet Singh	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 the documents only; or

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 overstayer from India. In a non-refoulement claim made to the Director of Immigration (“the Director”), the applicant asserted that there was a real risk of being harmed or killed by his uncle over a land dispute if refouled. The claim was rejected by the Director, and the appeal to the Torture Claims Appeal Board (“the Board”) also failed. On 5 November 2020, 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 27^th day of November 2024

(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:
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 27/11/2024 Malkeet Singh 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 27/11/2024 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 11918/18/6/97/IN2375 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2006/18 (formerly as RBCZ/10970/16) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

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