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 application to join the third party was refused because his claim had already been finally determined, there was no factual or legal commonality between his claim and the applicants', and the application presented no merit beyond asserting a family relationship.

Citation
[2024] HKCFI 2035
Parties
1st Applicant: Bautista Precilla Norcio; 2nd Applicant: Garcia Precious Kate Athena; Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration; Third Party Applicant: Garcia Freddie Luzon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 2024
Case Number
HCAL1221/2021
Procedural Posture
Judicial Review — Non‑refoulement/immigration / Application for Leave to Join as Party to Existing Leave Application; Decision on Third‑party Joinder
Outcome
Application refused
Legal Topics
Third‑party Joinder, Leave for Judicial Review, Non‑refoulement Claims, Finality of Decision
Source Language
EN
Constitutional and Administrative Law Immigration Law Family Law Third‑party Joinder Leave for Judicial Review Non‑refoulement Claims Finality of Decision

Case Brief

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Parties

Bautista Precilla Norcio

1st Applicant

Garcia Precious Kate Athena

2nd Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Garcia Freddie Luzon

Third Party Applicant

Procedural Posture

Judicial Review — Non‑refoulement/immigration / Application for Leave to Join as Party to Existing Leave Application; Decision on Third‑party Joinder

Legal Issues

  1. 1 Whether a third party may be joined to existing leave proceedings on the sole basis of family relationship
  2. 2 Whether the third party's claim has sufficient commonality or relevance to the applicants' claim
  3. 3 Whether the prior final determination of the third party's own non‑refoulement claim bars joinder or renders the application devoid of merit

Ratio Decidendi

The application to join the third party was refused because his claim had already been finally determined, there was no factual or legal commonality between his claim and the applicants', and the application presented no merit beyond asserting a family relationship.

Court Disposition

Application refused

Orders

  • Application by Garcia Freddie Luzon to join as a party to the leave application refused