ALLAM KHURPHID v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]
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HCAL 761/2024
[2025] HKCFI 890
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 761 of 2024
BETWEEN | ||
| Allam Khurphid | 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:
1. Leave to apply for judicial review of the Director’s decision dated 15 April 2024 be granted.
2. The applicant shall issue the originating summons for hearing within 14 days from the date of this Order, pursuant to Order 53, rule 5 of the Rules of the High Court.
3. A copy of this Order be served on the Director of Justice, who shall work out the proper directions for the judicial review hearing with the applicant.
4. Liberty to apply.
Observations for the Applicant:
1. Leave is granted to the applicant to apply for judicial review of the Director’s Decision dated 15 April 2024 for the reasons:
a. the immigration officer agreed that there had been a significant change of circumstances since the applicant’s previous claim was finally determined [17];
b. the intended subsequent claim should have a realistic prospect of success because the facts of the previous claim are diametrically different from the facts of the subsequent claim; therefore the facts of the subsequent claim had not been tested or reviewed by the Torture Claims Appeal Board by way of an appeal, which is procedurally unfair to the applicant; and
c. leave should be given to the applicant for his application for leave for judicial review of the Director’s Decision.
2. The applicant shall issue the originating summons for hearing within 14 days from the date of this Order, pursuant to Order 53, rule 5 of the Rules of the High Court.
3. A copy of this Order be served on the Director of Justice, who shall work out the proper directions for the judicial review hearing with the applicant.
4. Liberty to apply.
Dated the 1st day of April 2025
| (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 1/4/2025 Allam Khurphid 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 1/4/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 3386/16/3/191/IN796 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1118/15 (Formerly RBCZ 1550/14); RBCZ 9000018/17; L/M (30321) in ImmD RA 7/37/C Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) |
Form CALL-1