HCAL 1650/2018
[2020] HKCFI 2711
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1650 OF 2018
BETWEEN
Maneboy Christian Paul
Applicant
and
Torture Claims Appeal Board/
Putative Respondent
and
Director of Immigration
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 P Li :
Leave to apply for Judicial Review be refused.
Observations for the Applicant:
1. The applicant was born on 23 October 2015 in Hong Kong. He was a national of Philippines.
2. This application was made on his behalf by his mother who was the applicant in HCAL 1269/2018.
3. On 29 June 2017, the Director of Immigration rejected the non-refoulement claim of the applicant on all applicable grounds. The basis of the decision was the same as his mother’s case (HCAL 1269/2018).
4. Likewise, the TCAB rejected his appeal on 9 August 2018. The decision was based on the findings of the TCAB in his mother’s case (HCAL 1269/2018).
5. As the applicant’s case is identical and derived from his mother’s case, I see no need to give a separate reason for this leave application. I adopt the Form CALL-1 in HCAL 1269/2018, I refuse leave for judicial review for the same reasons.
Dated the 23rd day of October 2020
(Mike Mak)
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 :
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);
Sent to the ApplicantManeboy Christian Paul by next of friend Zabala, Evangeline Bea
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 23 October 2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Director of Immigration Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)
Form CALL-1