Long Quy Thoang v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 1328/2019

[2026] HKCFI 4475

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1328 OF 2019

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BETWEEN

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DECISION

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1.The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision dated 29 August 2018 (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.By Form CALL-1 dated 29 April 2024 (“the Court’s decision”), the Court granted leave to the applicant to issue the Originating Summons to apply for leave for judicial review of the Board’s Decision within 14 days from the date of the Order dated 29 April 2024 (“the Court Order”).

4.The Court’s decision was sent to the applicant on 29 April 2024 at his last known address without being returned from the Post Office. He is deemed to receive the Court’s decision[1].

5.The time for issuing the Originating Summons expired on 13 May 2024[2].

6.However, the applicant asked for a copy of the Court’s decision to be sent to him at Castle Peak Bay Immigration Centre. By letter dated 8 June 2026, a copy of the Court’s decision was sent to him.

7.Up to date, the applicant has not filed the originating summons in compliance with the Court’s Order.

8.Pursuant to Order 1B, rule 1(2)(a) of the Rules of the High Court, this Court, for the purpose of case management, will make an “unless order” below.

9.Pursuant to Order 42, rule 2(1) of the Rules of the Hight Court and Practice Direction – 16.5, this Court now makes an “Unless Order” in terms as follows:

“Unless the applicant issues an originating summons for judicial review of the Board’s Decision within 14 days of the service of this Order, the applicant’s application shall be deemed to have been abandoned, the leave granted shall be set aside and the application be dismissed forthwith without further order.”

10.A copy of this Order shall be delivered to the Department of Justice for notice and appropriate action to be taken.

The applicant was unrepresented.