BAUTISTA PRECILLA NORCIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

BAUTISTA PRECILLA NORCIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The joinder application was refused because there was no commonality of issues between the third party's non-refoulement claim and the applicants' claim, the third party's claim had already been finally determined, and therefore the application had no merit.

Citation
[2024] HKCFI 733
Parties
1st Applicant: Bautista Precilla Norcio; 2nd Applicant: Garcia Princess Kylie Althea Norcio; 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
13 March 2024
Case Number
HCAL416/2019
Procedural Posture
Judicial Review Non Refoulement/immigration / Third‑party Application for Leave to Join in Leave to Apply for Judicial Review (decision on Joinder)
Outcome
Application to join refused
Legal Topics
Non Refoulement Claim, Torture Claim, Leave to Apply for Judicial Review, Joinder of Parties, Finality and Exhaustion of Remedies, Standing
Source Language
EN
Immigration Law Administrative Law Constitutional Law Refoulement/non Refoulement Law Judicial Review Non Refoulement Claim Torture Claim Leave to Apply for Judicial Review +3 more

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Parties

Bautista Precilla Norcio

1st Applicant

Garcia Princess Kylie Althea Norcio

2nd Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Non Refoulement/immigration / Third‑party Application for Leave to Join in Leave to Apply for Judicial Review (decision on Joinder)

Legal Issues

  1. 1 Whether the third party could obtain leave to join as a party to the applicants' leave application
  2. 2 Whether there was sufficient commonality of issues between the third party's non-refoulement claim and the applicants' claim to justify joinder
  3. 3 Whether the third party's application had any prospect of success given his claim had run its full course

Ratio Decidendi

The joinder application was refused because there was no commonality of issues between the third party's non-refoulement claim and the applicants' claim, the third party's claim had already been finally determined, and therefore the application had no merit.

Court Disposition

Application to join refused

Orders

  • Application for leave to join as a party refused