MONDAL SHILPY ADURI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 307/2025

[2025] HKCFI 4013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 307 OF 2025

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REASONS FOR DECISION

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Introduction

1.  This is the Applicants’ application by affirmation filed on 23 April 2025 for leave to join Mr Hossain Mohammad Monir as a party to their application for leave to apply for judicial review (the “leave application”).  

2.  The Applicants’ only ground for making the joinder is that Mr Hossain Mohammad Monir is the biological father of the 2^nd Applicant, his name was mentioned in the decision sought to be reviewed and he has a direct concern in this leave application.  The 1^st Applicant, who is the mother of the 2^nd Applicant, said that Mr Hossain Mohammad Monir is a non-refoulement claimant.  A search of the court file revealed that Mr Hossain Mohammad Monir’s claim for non-refoulement protection had been rejected by the Director of Immigration; his appeal against that decision had been dismissed by the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”); and his application for leave to apply for judicial review against the Board’s decision had been refused by Deputy High Court Judge Lung in HCAL 1427/2019 on 25 March 2024.  His claim has run its full course.  His claim arose out of wholly different circumstances from the Applicants’.  His and the Applicants’ feared source of harm are different and not related.  There is absolutely no commonality between his claim and the Applicants’.  There is absolutely no merit in this application, which is accordingly refused.