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HCAL 1706/2019
[2024] HKCFI 1303
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1706 of 2019
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Rabina Marilyn Carolino |
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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and
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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;
Order by Deputy High Court Judge K.W. Lung:
Leave to apply for Judicial Review be refused.
Observations for the Applicant:
1. The applicant is an illegal immigrant by overstaying. She lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration (“the Director”). She appealed to the Torture Claims Appeal Board (the “Board”) and, by the Board’s Decision, her appeal was dismissed by the Board.
2. The applicant filed Form 86 on 20 June 2019 for application for leave to apply for judicial review of the Board’s Decision.
3. By a letter dated 29 April 2024 from the Immigration Department, the Immigration Department informed this Court that the applicant had been deported from Hong Kong on 3 October 2022.
4. Section 37ZF of the Ordinance provides, inter alia,
“Deemed withdrawal of torture claim on claimant’s departure
(1) A torture claim (whether a claim pending final determination or a substantiated claim) made by a claimant who is subject or liable to removal must be treated as withdrawn if the claimant (for whatever reason) leaves Hong Kong.”
5. There is no other outstanding matter in this action. The Court should dismiss the application under the present circumstances.
6. The application is therefore dismissed.
Dated the 28th day of May 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 28/5/2024
Rabina Marilyn Carolino
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 28/5/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 8713/17/10/43/F460
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 1794/17 (formerly RBCZ 10413/17)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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