MONDAL SHILPY ADURI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
Application to join Mr Hossain Mohammad Monir was refused because his non-refoulement claim had already been finally determined, arose from wholly different circumstances, involved a different feared source of harm and there was no commonality or direct concern linking him to the applicants' leave application;...
Source-derived case information.
- Citation
- [2025] HKCFI 4013
- Parties
- 1st Applicant: Mondal Shilpy Aduri; 2nd Applicant: Hossain Aliyan Ahad; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 5 September 2025
- Case Number
- HCAL307/2025
- Procedural Posture
- Judicial Review (leave Application; Joinder Application) / Decision on Application to Join a Third Party (joinder) Refusing the Application
- Outcome
- Application to join Mr Hossain Mohammad Monir as a party refused
- Legal Topics
- Joinder, Leave to Apply for Judicial Review, Standing/direct Concern, Commonality of Issues, Finality of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mondal Shilpy Aduri
1st Applicant
Hossain Aliyan Ahad
2nd Applicant
Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Putative Respondent
Director of Immigration
Putative Interested Party
Procedural Posture
Judicial Review (leave Application; Joinder Application) / Decision on Application to Join a Third Party (joinder) Refusing the Application
Legal Issues
- 1 Whether the court should grant leave to join Mr Hossain Mohammad Monir as a party to the leave application
- 2 Whether the proposed joinder satisfies the requirement of direct concern/interest
- 3 Whether there is sufficient commonality of issues between the proposed joinder and the applicants' claims
Ratio Decidendi
Application to join Mr Hossain Mohammad Monir was refused because his non-refoulement claim had already been finally determined, arose from wholly different circumstances, involved a different feared source of harm and there was no commonality or direct concern linking him to the applicants' leave application; therefore joinder lacked merit.
Court Disposition
Application to join Mr Hossain Mohammad Monir as a party refused
Orders
- Application for leave to join Mr Hossain Mohammad Monir as a party to the leave application is refused.
Full Case Text
Judgment text and source record
1 paragraphs
HCAL 307/2025 [2025] HKCFI 4013 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 307 OF 2025 ____________ BETWEEN Mondal Shilpy Aduri Hossain Aliyan Ahad 1st Applicant 2nd Applicant and Torture Claims Appeal Board / Non-refoulement Claims Petition Office Putative Respondent and Director of Immigration Putative Interested Party ____________ Before: Deputy High Court Judge To in Chambers Date of Hearing: 13 August 2025 Date of Decision: 13 August 2025 Date of Reasons for Decision: 5 September 2025 ________________________ REASONS FOR DECISION ________________________ Introduction This is the Applicants’ application by affirmation filed on 23 April 2025 for leave to join Mr Hossain Mohammad Monir as a party to their application for leave to apply for judicial review (the “leave application”). The Applicants’ only ground for making the joinder is that Mr Hossain Mohammad Monir is the biological father of the 2nd Applicant, his name was mentioned in the decision sought to be reviewed and he has a direct concern in this leave application. The 1st Applicant, who is the mother of the 2nd Applicant, said that Mr Hossain Mohammad Monir is a non-refoulement claimant. A search of the court file revealed that Mr Hossain Mohammad Monir’s claim for non-refoulement protection had been rejected by the Director of Immigration; his appeal against that decision had been dismissed by the Torture Claims Appeal Board / Non-refoulement Claims Petition Office (the “Board”); and his application for leave to apply for judicial review against the Board’s decision had been refused by Deputy High Court Judge Lung in HCAL 1427/2019 on 25 March 2024. His claim has run its full course. His claim arose out of wholly different circumstances from the Applicants’. His and the Applicants’ feared source of harm are different and not related. There is absolutely no commonality between his claim and the Applicants’. There is absolutely no merit in this application, which is accordingly refused. ( Anthony To ) Deputy High Court Judge The applicant is not represented.