SITIGUE ALBERTO DAO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

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

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BETWEEN

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D E C I S I O N

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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.