RE FERROLINO JASMIN PUNO

HCAL 3688/2019

[2023] HKCFI 71

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 3688 OF 2019

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D E C I S I O N

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1.  The applicant remains in Hong Kong without permission of the Director of Immigration. She lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. She appealed to the Torture Claims Appeal Board (the “Board”). The Board dismissed her appeal.

2.  The applicant filed Form 86 on 10 December 2019 for leave to apply for judicial review of the Board’s Decision.

3.  The applicant filed an affidavit on 5 September 2022 to the court, in which she stated she wants to withdraw her application because she wants to go back to the Philippines and it is not dangerous anymore.

4.  In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

5.  The application was therefore dismissed.

6.  The applicant filed a summons dated 13 December 2022 together with her affidavit to apply for extension of time to appeal against the Court’s decision of dismissing her application.

7.  Since the application was dismissed by the applicant’s application to withdraw, there is nothing that the applicant can appeal against. In fact, the Court is officio functus insofar as the application is concerned as the Order for dismissal of the application has been sealed.

8.  Her application is therefore dismissed.