Moussa Nouhou v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 3828/2019[2025] HKCFI 1539

Court

High Court CFI

Date14 Apr 2025

Judge—

Case Document

100%

HCAL 3828/2019

[2025] HKCFI 1539

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 3828 of 2019

BETWEEN
	Moussa Nouhou	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 (Non-refoulement Claims) Martin Wong:

1.  The Form 86 is amended on the Court’s own motion;

2.  Application to withdraw the application for leave to apply for Judicial Review be granted; and

3.  Leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 23 December 2019 (the “Form 86”), the Applicant applied for leave to apply for judicial review of a decision by “Christian Patrick Carney” dated 9 December 2019. He named the Torture Claims Appeal Board (the “TCAB”) as the proposed respondent and both the TCAB and the Director of Immigration (the “DOI”) as interested parties.

2.From the papers filed for this application, there was a decision by Mr. Carney acting as the adjudicator for the TCAB dated 9 December 2019 (the “TCAB Decision”) affirming the decision of the DOI dated 17 August 2018. I take it that the Applicant is seeking judicial review of the TCAB Decision.

3.I therefore amended the Form 86 on my own motion to name the TCAB as the putative respondent and the DOI as a putative interested party.

4.The Applicant requested for a hearing of this application and he attended the same.

Withdrawal of Application

5.At the hearing, I was told that he has since married a Hong Kong citizen and obtained a HKID card. He wished to have this application withdrawn.

6.There being no indication that the withdrawal was made other than out of the Applicant’s free will and there being no outstanding matter in this action, I accede to the request and formally dismiss this application.

Dated the 14^th day of April 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 14/04/2025 Moussa Nouhou 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 14/04/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 13273/18/9/34/NR16 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2039/1 8 (formerly RBCZ 10623/17) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1