AZ v. THE DEPARTMENT OF IMMIGRATION AND ANOTHER

AZ v. THE DEPARTMENT OF IMMIGRATION AND ANOTHER

The Director did not oppose the judicial review and actively engaged in negotiations to achieve a consensual settlement; the delays were reasonable in light of COVID-19 arrangements and the Board's legitimate participation; accordingly there is no basis to order the Director to pay costs and the appropriate order is no order as to costs with the applicant's own costs to be taxed under Legal Aid Regulations.

Citation
[2021] HKCFI 1792
Parties
Applicant: AZ; 1st Respondent: The Department of Immigration; 2nd Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2021
Case Number
HCAL203/2018
Procedural Posture
Judicial Review / Decision on Costs
Outcome
No order as to costs of the applicant's judicial review application; applicant's own costs to be taxed on Legal Aid Regulations.
Legal Topics
Non Refoulement, Costs, Torture Claim, Judicial Review Leave
Source Language
EN
Administrative Law Immigration Law Constitutional Law Non Refoulement Costs Torture Claim Judicial Review Leave

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Parties

AZ

Applicant

The Department of Immigration

1st Respondent

Torture Claims Appeal Board

2nd Respondent

Procedural Posture

Judicial Review / Decision on Costs

Legal Issues

  1. 1 Whether the Director of Immigration should be ordered to pay the applicant's costs
  2. 2 Whether a 'no order as to costs' is appropriate given the Director's conduct
  3. 3 Whether the Director resisted the application or acted to facilitate settlement

Ratio Decidendi

The Director did not oppose the judicial review and actively engaged in negotiations to achieve a consensual settlement; the delays were reasonable in light of COVID-19 arrangements and the Board's legitimate participation; accordingly there is no basis to order the Director to pay costs and the appropriate order is no order as to costs with the applicant's own costs to be taxed under Legal Aid Regulations.

Court Disposition

No order as to costs of the applicant's judicial review application; applicant's own costs to be taxed on Legal Aid Regulations.

Orders

  • No order as to costs; applicant's own costs to be taxed on Legal Aid Regulations.