Pinana Ellyn Castronuevo v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 1213/2024 [2025] HKCFI 6014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 1213 of 2024
Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge’s decision (Ord 53 r 3) Following:
Order by Deputy High Court Judge Levy:
Observations for the Applicant: Background 1.By a “Notice of application for leave to apply for judicial review” in the prescribed Form 86 filed on 26 July 2024, the applicant applied for leave to apply for judicial review (“Leave Application”). The intended judicial review was against the decision of the Torture Claims Appeal Board / the Non-Refoulement Claims Petition Office (“Board”) dated 20 June 2023 (“Board’s Decision”) dismissing the applicant’s appeal against a decision of the Director of Immigration (“Director”) dated 17 January 2023 rejecting the applicant’s non-refoulement claim based on all applicable grounds. The Board’s Decision is set out in the following hyperlink: - 2.The basis of the applicant’s claim was that, if refouled to Philippines, she would be harmed or killed by her husband due to her extra-marital affair in Hong Kong. The reasoning and findings were set out in detail in the Board’s Decision and it is not necessary for me to repeat them. Unless otherwise specified, I shall also adopt the Board’s abbreviations and descriptions stated in the Board’s Decision. 3.The applicant has requested for an oral hearing. On 30 July 2025, the Removal Assessment and Litigation (Removal and Deportation) Section (2) of the Immigration Department faxed a letter to the court, informing the court that the applicant would like to withdraw her judicial review application. Enclosed with the said letter was the applicant’s signed memo in English dated 25 July 2025. In the memo, the applicant stated that she would like to withdraw the Leave Application as her issues at home had been resolved and she could return home. In the circumstances, this court will dispose of the Leave Application on paper. 4.The applicant has not shown any errors of law or procedural unfairness or irrationality in the Board’s Decision, nor were such grounds identified in the Form 86 or otherwise. The applicant’s intended challenge to the Board’s Decision is not reasonably arguable with any realistic prospects of success such that would enable this court to grant leave[1]. 5.Another matter I need to consider is the delay. Pursuant to O 53 r 4(1) of the Rules of the High Court, an application to apply for judicial review shall be made promptly and in any event within 3 months from the date when the Board Decision was delivered. The applicant was late for almost 1 year, which was substantial. In the absence of any explanation for the length delay, I’d be disinclined to grant leave for extension of time. Withdrawal application 6.Apart from the application to withdraw the Leave Application referred to above, there is nothing outstanding in this action. In the circumstances, I make an order to dismiss the Leave Application, and hereby order the dismissal of the Leave Application: see Re Manik Md Mahamudun Nabi [2022] HKCA 471; Ngo Xuan Tuyen v Torture Claims Appeal Board [2024] HKCA 1140. Orders 7.The Form 86 be amended on the court’s own motion. 8.There shall be no extension of time be granted to the applicant for the filing of the Form 86. 9.The applicant’s application for leave to apply for judicial review be dismissed. Dated the 17th day of December 2025
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
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Cases cited in this judgment