Case Details

Citation

TRUONG PHAT MINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE, HCAL 103/2018

Case Number

HCAL 103/2018

Court

Court of First Instance

(CFI)

Decision Date

26 October 2018

Parties

Applicant(s):

Truong Phat Minh

Respondent(s):

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

TRUONG PHAT MINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2018] HKCFI 1936

Court of First Instance26 October 2018

HCAL103/2018 TRUONG PHAT MINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 103/2018

[2018] HKCFI 1936

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 103 of 2018

BETWEEN

	Truong Phat Minh	Applicant
	and
	Torture Claims Appeal Board / Non-refoulement Claims Petition Office	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;

consideration of the documents only; or

consideration of the documents and the Applicant being present/absent in open court;

Order by The Honourable Mrs Justice Campbell-Moffat:

Leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

This Applicant submitted a Form 86 seeking leave to apply for judicial review on 22 January 2018. Order 53 rule 3 of the Rules of the High Court requires him to provide an Affirmation in support, verifying the facts in support of his application. He has not done so. This application is accordingly dismissed.

Dated 26^th day of October 2018.

(Ms Queenie 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:

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);

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)).

Sent to the Applicant on 26/10/2018

Truong Phat Minh

Applicant’s ref. no:
Nil.

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 26/10/2018

Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
Nil

Director of Immigration
Putative Interested Party’s ref. no.:
Nil

Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)

TRUONG PHAT MINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition