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BETWEEN
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Karanveer |
Applicant |
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and |
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The Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
Putative
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
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 (Non-Refoulement Claims) Vincent Lung:
1. Form 86 be amended, naming the Torture Claims Appeal Board / Non‑refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration be named as the Putative Interested Party.
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
Introduction
1. By a Form 86 filed on 22 January 2021 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision rejecting his non-refoulement claim. I take that to be a challenge against the decision of the Torture Claims Appeal Board (the “TCAB”) dated 8 January 2021, which affirmed the decision of the Director of Immigration (the “DOI”) dated 1 August 2018.
2. I amend the Form 86 on my own motion to name the TCAB as the putative respondent and the DOI as the putative interested party.
3. The Applicant requested for a hearing of this application but he was absent. I have been informed that he had already obtained residence in Hong Kong.
4. In the circumstances, as explained in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at [19(1)], there was nothing outstanding in the action. The application is therefore dismissed.
Dated the 7th day of January 2026
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(Gladys Lee)
for Registrar, High Court
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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:
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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)).
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Sent to the Applicant
on 07/01/2026
Karanveer
Applicant’s ref. no.:
Nil. |
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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 07/01/2026
Torture Claims Appeal Board
Putative Respondent’s ref. no.:
USM 12982/18/8/252/P2582
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2684/18 (formerly RBCZ 13291/15)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1