NGUYEN THI THANH TRANG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]
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HCAL 460/2024
[2024] HKCFI 1810
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 460 of 2024
BETWEEN | ||
| Nguyen Thi Thanh Trang | 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 documents only; or consideration of documents and Applicant being absent in open court;
Order by Deputy High Court Judge K.W. Lung:
Leave to apply for Judicial Review be dismissed.
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 13 March 2024 for application for leave to apply for judicial review of the Board’s Decision.
3. By letter dated 16 April 2024 to the Court, the applicant says she wants to withdraw her application as it is safe for her to return to Vietnam and she wants to return as soon as possible.
4. The Court had sent a letter dated 25 April to the Castle Peak Bay Immigration Centre where the applicant is being detained, requesting certain information or confirmation for the processing of her withdrawal application.
5. However, the Court has now further reviewed the matter.
6. There is no evidence to show that the applicant makes this application other than out of her own volition.
7. Apart from this application, there is nothing outstanding in this case.
8. In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi[2022] HKCA 471 at §19:
“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”
9. The application is therefore dismissed.
Dated the 30th day of July 2024
| (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: | ||||
| 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 30/7/2024 Nguyen Thi Thanh Trang 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 30/7/2024 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 18470 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 899/21 (Formerly RBCZ/10782/21)(T1I87) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) |
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