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HCAL 2465/2020
[2024] HKCFI 3260
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 2465 of 2020
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Abeysinghe Mudiyanselage Lakmal Roshan Priyadarshana |
Applicant |
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and
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Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office |
Putative Respondent |
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and |
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Director of Immigration
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Putative 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 Levy:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. The applicant was an illegal immigrant from Sri Lanka. In a non-refoulement claim made to the Director of Immigration (“the Director”), the applicant asserted that he would be harmed or killed by members of a political party if refouled. The claim was treated as having been withdrawn and rejected by the Director, and the appeal to the Torture Claims Appeal Board (“the Board”) also failed. On 18 December 2020, a prescribed Form 86 was filed to apply for leave for judicial review of the Board’s Decision.
2. In neither Form 86 nor the affirmation in support did the applicant provide any grounds to support the leave application, which should accordingly be dismissed.
3. The court recently received information from the Immigration Department that the applicant has passed away.
Dated the 27th day of November 2024
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(Seline Sze)
for Registrar, High Court |
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 27/11/2024
Abeysinghe Mudiyanselage Lakmal Roshan Priyadarshana
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 27/1/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 15832/19/4/90/S368
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/1307/12 (formerly RBCZ 1042/12)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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