Gurung Karun Raj v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 3873/2019[2025] HKCFI 2489

Court

High Court CFI

Date17 Jun 2025

Judge—

Case Document

100%

HCAL 3873/2019

[2025] HKCFI 2489

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 3873 of 2019

BETWEEN
	Gurung Karun Raj	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; and

2. Leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

Introduction

1.By a Form 86 filed on 30 December 2019 (the “Form 86”), the Applicant applied for leave to apply for judicial review of a decision by the Torture Claims Appeal Board (the “TCAB”) dated 23 December 2019 (the “2019 TCAB Decision”), which affirmed a decision by the Director of Immigration (the “DOI”) dated 26 June 2018 refusing the Applicant’s non-refoulement protection claim based on BOR 2, BOR3 risks and persecution risk. He named the TCAB as the proposed respondent and as an interested party.

2.From the papers filed for this application, there was in fact another decision by the TCAB dated 30 January 2014 (the “2014 TCAB Decision”) which affirmed a decision by the DOI dated 9 October 2013 refusing the Applicant’s claim based on torture risk. This 2014 TCAB Decision is not included in the Form 86 and in any event long out of time for judicial review.

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, the Applicant confirmed his identity and having filed the Form 86 but stated that he did not know anything about this case or why he was asked to attend the hearing.

6.I therefore asked the Applicant if he wished to continue with this application and he answered in the negative. After confirming this with him again I was satisfied that he willingly sought to withdraw this application.

7.I therefore accede to his wish and formally dismiss this application.

Dated the 17^th day of June 2025.

	( Allen LEE )
	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 17/6/2025 Gurung Karun Raj 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 17/6/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 12229/18/6/408/N479 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1292/18 (Formerly RBCZ 2002534/14) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1