Nguyen Ngoc Anh and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1422/2023[2025] HKCFI 1154

Court

High Court CFI

Date08 Apr 2025

Judge—

Case Document

100%Judiciary

HCAL 1422 of 2023

[2025] HKCFI 1154

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1422 of 2023

BETWEEN
	Nguyen Ngoc Anh	1^st Applicant
	Tran Dieu Minh Tuyet Sophia	2^nd 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 Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

Leave to apply for Judicial Review be dismissed.

Observations for the Applicants:

1.The 1^st applicant is the mother of the 2^nd applicant. The mother’s application for leave for judicial review of the Board’s Decision in HCAL 2231 of 2020 has been dismissed. This is the 2^nd applicant’s application, with her mother as her guardian ad litem.

2.The 2^nd applicant applies for withdrawal of the application for judicial review of the Board’s Decision.

3.There being no evidence that the application is made other than out of the 1^st applicant’s free will on behalf of the 2^nd applicant; and there being no outstanding matter in this action, the Court accedes to the 2^nd applicant’s request and dismisses the application accordingly[1].

Dated the 8^th day of April 2025

(M.O. WONG)(Ms)
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 Applicants: 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 8/4/2025 Nguyen Ngoc Anh and Tran Dieu Minh Tuyet Sophia Applicants’ 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 8/4/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 21246 Director of Immigration Putative Interested Party’s ref. no.: VRD/194/1/19 (CZ) and VRD/264/1/22 (L) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

[1] Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

Cites 2 cases

Cases cited in this judgment

Re Manik Md Mahamudun Nabi

Nguyen Ngoc Anh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 2231/2020

High Court CFI16 Mar 2023