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BETWEEN
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Owisayamane Gedara Rasika Prabath Rupasinghe |
Applicant |
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Torture Claims Appeal Board/ |
Putative |
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Non-refoulement Claims Petition Office |
Respondent |
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and |
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Director of Immigration |
Putative |
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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 (Non-Refoulement Claims) Vincent Lung:
1. Form 86 be amended, naming only the Torture Claims Appeal Board / Non-refoulement Claims Petition Office as the Putative Respondent and only the Director of Immigration as the Putative Interested Party.
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. By a Form 86 filed on 7 December 2020 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision of the Torture Claims Appeal Board (the “TCAB”) dated 20 November 2020, which affirmed the decisions of the Director of Immigration (the “DOI”) dated 19 November 2013 and 26 October 2018.
2. I amend the Form 86 on my own motion to name only the TCAB as the putative respondent and only the DOI as the putative interested party.
3. The Applicant requested for a hearing of this application but he was absent. I have been informed that he had already obtained residence in Hong Kong.
4. In the circumstances, as explained in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at [19(1)], there was nothing outstanding in the action. The application is therefore dismissed.
Dated the 26th day of February 2026
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(Gladys Lee)
for Registrar, High Court
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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 26/02/2026
Owisayamane Gedara Rasika Prabath Rupasinghe
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 26/02/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 14343/18/11/186/S331 &
TCAB 933/13/12/8/S193
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2292/18 (Formerly RBCZ/2002053/14) (T3S112)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1