VU VAN KHANH v. 香港入境處處長

[2018] HKCFI 135

Court of First Instance24 January 2018

HCAL843/2017 VU VAN KHANH v. 香港入境處處長

HCAL843/2017

[2018] HKCFI 135

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 843 of 2017

BETWEEN
	Vu Van Khanh	Applicant
	and
	香港入境處處長	Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of the documents only; or
	consideration of the documents and oral submissions by the Applicant or counsel [ ] in open court;

Order by the Honourable Mr Justice Chow:

Leave to apply for Judicial Review dismissed.

Observations for the Applicant:

The application for leave to apply for judicial review is dismissed on the ground that the Notice of Application for Leave to Apply for Judicial Review (Form 86) dated 3 November 2017 fails to identify (i) any decision made by the Director of Immigration (the Putative Respondent) in respect of which relief is sought, (ii) the grounds on which any relief is sought, and (iii) any relief which the court in the exercise of its jurisdiction in judicial review can grant. The Applicant’s Affirmation filed in support of the application dated 3 November 2017 also does not show that the Director of Immigration has made any relevant decision, whether to repatriate the Applicant or otherwise, which can properly form the subject matter of an application for judicial review.

Dated the 24^th day of January 2018.

(Sunny Ng)
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 his solicitors must:
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/Handed to the Applicant/ the Applicant’s solicitors on 25/01/2018 Vu Van Khanh The Applicant	Sent/Handed 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 25/01/2018 香港入境處處長 The Putative Respondent
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)).

Form CALL-1

Citation

Court

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Appeal history

VU VAN KHANH v. 香港入境處處長
CFI · 24 Jan 2018 · [2018] HKCFI 135
This judgment
VU VAN KHANH v. DIRECTOR OF IMMIGRATION
CA · 7 May 2018 · [2018] HKCA 214
On appeal from
VU VAN KHANH v. DIRECTOR OF IMMIGRATION
CA · 6 Aug 2018 · [2018] HKCA 431
On appeal from