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

Case No.HCAL 20/2021[2025] HKCFI 565

Court

High Court CFI

Date07 Feb 2025

Judge—

Case Document

100%Judiciary

HCAL 20/2021

[2025] HKCFI 565

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 20 of 2021

BETWEEN
	Resham Singh	Applicant
	and
	Torture Claims Appeal Board /	Putative
	Non-Refoulement Claims Petition Office	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:

Introduction

1.The applicant was an illegal overstayer from India. In a non-refoulement claim made to the Director of Immigration (“Director”), the applicant asserted that there was a real risk of facing torture if refouled. The claim was rejected by the Director. The applicant’s appeal to the Torture Claims Appeal Board (“Board”) was withdrawn by a notice of the Board dated 30 October 2019. On 7 January 2021, a prescribed Form 86 was filed to apply for leave for a judicial review against the 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 or any explanation for his delay in filing the Form 86. Accordingly, this court orders the dismissal of the leave application.

3.The court recently received information from the Immigration Department that the applicant has passed away.

Order

4.Leave to apply for Judicial Review be dismissed.

Dated the 7^th day of February 2025

( Alfred Chan )
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 Applicants on 7/2/2025 Resham 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 7/2/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 11182/18/4/192/IN2172 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 660/18 (Formerly RBCZ/10955/15 (PSO)) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

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