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HCAL 2191/2019
[2024] HKCFI 2674
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2191 of 2019
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Tran Thanh Hoai |
Applicant |
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and
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Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office
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Putative Respondent |
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Director of Immigration
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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 K.W. Lung:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. The applicant was an illegal immigrant. She had made non-refoulement claim to the Director of Immigration (“the Director”). The Director refused her claim. She appealed to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) The Board dismissed her appeal.
2. The applicant’s claim is based on her fear that, if refouled, she will be harmed or killed by her creditor because she was unable to repay her loan. The Director found that her claim was unsubstantiated. On appeal, the Board found that the claimed risks were remote, state protection would be available and internal relocation was viable. The applicant has raised no valid reason to challenge the Board’s Decision.
3. The applicant filed Form 86 on 1 August 2019 to apply for leave to apply for judicial review of the Board’s Decision.
4. The Court received information from the Immigration Department that the applicant has deceased.
9. In the circumstances and for case management, this application should be dismissed.
5. I dismiss the applicant’s application.
Dated the 22nd day of October 2024
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(M.O. WONG)(Ms)
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 the Applicant’s solicitors must:
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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)).
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Sent to the Applicant
on 22/10/2024
Tran Thanh Hoai
Applicant’s ref. no:
Nil
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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 22/10/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 5582/16/12/229/V759
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2391/16 (Formerly RBCZ/11989/15)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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