NGUYEN THI LO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 781/2022

[2023] HKCFI 1422

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 781 OF 2022

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D E C I S I O N

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The application

1.  The applicant is an illegal immigrant by staying in Hong Kong without permission and she lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected her application and she appealed to the Torture Claims Appeal Board (“the Board”). Having considered her evidence, the Board, by its Decision (“the Board’s Decision”), rejected her 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 Order dated 6 December 2022 (“the Court’s decision”), the Court dismissed her application on her application for withdrawal.

4.  In her affirmation filed on 8 May 2023, the applicant said ‘I understand that there is a good ground of appeal that was not necessarily considered at the stage of applying for leave for judicial review.’

Discussion

5.  Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reason, I decide to determine this application on paper without an oral hearing.

6.  The applicant applied to the Court for withdrawal of her application, saying that it was safe for her to return to her country. Her application was approved and her application was therefore dismissed on 6 December 2022.

7.  Since the Order of dismissal of her application has been sealed on 6 December 2022. This Court has no further jurisdiction to deal with her application.

8.  Accordingly, I dismiss her application.