|
HCAL 3572/2019
[2025] HKCFI 842
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3572 of 2019
|
BETWEEN
|
| |
Md Nahid |
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 the Applicant being absent in open court; |
Order by Deputy High Court Judge (Non-refoulement Claims) Teresa Wu made on 5 February 2025:
1. Form 86 be amended, naming the Torture Claims Appeal Board/Non-refoulement Claims Petition Office as the Putative Respondent.
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1.I have amended Form 86 on my own motion, correctly naming the Torture Claims Appeal Board/Non-refoulement Claims Petition Office instead of its Member/Adjudicator as the Putative Respondent.
2.According to the record of the Immigration Department, the Applicant was removed from Hong Kong on 12 September 2023. In any event, I am also not satisfied that the present application for leave to apply for judicial review is reasonably arguable with any realistic prospects of success: see Peter Po Fun Chan v Winnie Cheung & Another (2007) 10 HKCFAR 676. I have therefore made an order dismissing it.
Dated the 10th day of March 2025
| |
(Chung Lai Fan, Christine)
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 10 March 2025
Md Nahid
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 10 March 2025
Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 15351/19/1/224/B1926
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 4553/18 (Formerly RBCZ 12274/15)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
|