Sitigue Alberto Dao v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Read the full judgment text of HCAL 994/2020 on BabelCite. This High Court CFI judgment was delivered on 19 August 2025.

1. The applicant’s application for leave to apply for judicial review, dated 25 May 2020 for leave to judicial review a decision of the High Court dated 13 May 2020. (Case number HCAL 1577/2018)

Cites 1 case

Case No.HCAL 994/2020[2025] HKCFI 4322
Court
High Court CFI
Date19 Aug 2025
Judge
Case Document
100%Judiciary

HCAL 994/2020

[2025] HKCFI 4322

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 994 OF 2020

________________________

BETWEEN

Sitigue Alberto Dao Applicant
and
Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Putative Respondent
and
Director of Immigration Putative Interested Party

________________________

Before: Deputy High Court Judge Levy in Court
Date of Hearing: 19 August 2025
Date of Decision: 19 August 2025

________________________

D E C I S I O N

________________________


1.The applicant’s application for leave to apply for judicial review, dated 25 May 2020 for leave to judicial review a decision of the High Court dated 13 May 2020. (Case number HCAL 1577/2018)

2.The decision dated 13 May 2020, was a decision of the Deputy High Court Judge K. W. Lung, who dismissed the applicant’s application for leave to judicial review the Board’s Decision dated 11 April 2018.

3.After explanation by this court, the applicant fully understands that he has wrongly instituted the present proceedings. It is plain that the present application is wrong in procedure. If he were dissatisfied with the decision of Deputy High Court Judge K. W. Lung, the proper venue open to him should have been by way of an appeal to the Court of Appeal. This court simply have no jurisdiction to deal with the applicant’s application for leave to judicial review the decision of a coordinate decision.

4.In the circumstances, I will strike out the applicant’s application for leave to review on the ground that it is of procedural irregularity.

  (Katina Levy)
  Deputy High Court Judge

The applicant appeared in person

Sitigue Alberto Dao v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [HCAL 994/2020] | BabelCite