ALI NUSRAT also known as NOKAR HUSSAIN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]
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HCAL 213/2017
[2018] HKCFI 1361
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 213 OF 2017
BETWEEN
| ALI NUSRAT also known as NOKAR HUSSAIN | Applicant | |
| and | ||
| The Director of Immigration | 1st Putative Respondent | |
| Ms. Betty Kwan, Adjudicator of the Non-refoulement Claims Petition Office | 2nd Putative Respondent |
Application for leave to apply for judicial review
NOTIFICATION of the Judge’s decision (Order 53, rule 3)
Following:
consideration of the documents only; or consideration of the documents and oral submissions by the applicant in open Court;
Order by the Honourable Mr. Justice Anthony Chan
The application for leave to apply for judicial review is dismissed.
Observations for the applicant:
I am unable to see any merit in this application. The law is not divorced from common sense. The Applicant’s non-refoulement claim, viewed in the context of his previous visits and long periods of stay in Hong Kong without making such claim (save for his asylum claim with the UNHCR which was subsequently withdrawn), is quite extraordinary.
The Applicant is a man with no less than 3 convictions in Hong Kong, spanning over nearly 15 years, on the use of an unlawfully obtained or false travel document. His evidence was carefully analysed and considered by the Torture Claims Appeal Board. Such evidence was found to be incredible or unreliable. There was no proper factual basis for the Applicant’s claims.
The Applicant’s suggestion at the hearing of the leave application to provide further unspecified supporting documents, viewed in light of the lack of credibility of his case and the history of these matters, cannot be regarded as anything but a delaying play.
This application is dismissed.
Dated the 15th day of June 2018.
| (Gladys Cheng) 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 the 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 / Handed to the Applicant / the Applicant’s solicitors on 15 June 2018 ALI NUSRAT also known as NOKAR HUSSAIN The Applicant | Sent / Handed 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 15 June 2018: The Director of Immigration Ms. Betty Kwan, Adjudicator of the Non-refoulement |
Form CALL-1