Makouar Asmae v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 76/2024[2025] HKCFI 781

Court

High Court CFI

Date27 Feb 2025

Judge—

Case Document

100%

HCAL 76/2024

[2025] HKCFI 781

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 76 of 2024

BETWEEN

	Makouar Asmae	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 documents only; or

consideration of documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge To:

Application for leave to apply for Judicial Review be dismissed for want of prosecution.

Observations for the Applicant:

Introduction

1.This is the Applicant’s application by Form 86 filed on 5 January 2024 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dismissing her appeal against the decision of the Director of Immigration refusing her application for non-refoulement protection.

Discussion and conclusion

2.On 7 February 2025, the Applicant filed a Notice of Discontinuance pursuant to Order 21, Rule 2 of the Rules of the High Court to wholly discontinue the leave application. In view of the procedure taken by the Applicant, the Court was satisfied that she had no intention to prosecute her leave application. Accordingly, the Court dismissed her leave application for want of prosecution.

Dated the 27^thday of February 2025

	( 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 27/02/2025 Makouar Asmae 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 27/02/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19006 Director of Immigration Putative Interested Party’s ref. no.: Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

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