Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following:
consideration of the documents only; or
consideration of the documents
and
oral submissions by the Applicant in open court.
Order by
Deputy High Court Judge
To
:
1.
Leave to amend the Form 86 be granted;
2.
The application for leave to apply for Judicial Review be dismissed.
Observations for the Applicant (Order by Deputy High Court Judge To):
Introduction
1.
This is the Applicant’s application by Form 86 filed on 3 July 2019 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office (the “Board”) dated 12 April 2019. When his leave application came to be processed, it was revealed that he had already been removed on 30 January 2023. But he had never informed the Court about his removal.
2.
The Applicant had not requested an oral hearing. Having considered the nature of the application and issues raised, the Decision, the papers, and all the circumstances, the Court considered his application may be justly determined on paper without an oral hearing.
3.
In his supporting affidavit, the Applicant alleged that his non-refoulement claim was rejected by an immigration officer on 12 April 2019 and annexed a copy of the decision which he sought to judicially review. That decision is in fact a decision of the Board dated 20 June 2019 which dismissed his appeal against the decision of the Director of Immigration (the “Director”) in his Notice of Decision dated 7 November 2018 (the “Notice”). The Board had not made any decision relating to the Applicant dated 12 April 2019. That date was the date of the hearing of his appeal before the Board against the Director’s decision in the Notice on 12 April 2019. Piecing these information together, it is obviously the Applicant’s intention was to seek judicial review of the Board’s Decision dated 20 June 2019 dismissing his appeal against the decision of the Director in his Notice dated 7 November 2018 rejecting his application for non-refoulement protection. Accordingly, leave is granted to amend his Form 86 to give effect to his intention.
The Applicant’s case
4.
The Applicant is a national of the Philippines, now aged 47. He had 12 years of education and worked as a construction worker in the Philippines. He was married but separated and has two sons in the Philippines. He arrived in Hong Kong as a visitor on 8 April 2016 and departed on 21 April 2016. He arrived again on 20 August 2016 and overstayed since 17 September 2016. He was arrested for overstaying on 1 February 2017. On 23 February 2017, he applied for
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