NARINDER KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

NARINDER KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the applicant had departed Hong Kong and s37ZF treats a claimant's departure as a deemed withdrawal of the torture/non-refoulement claim, rendering the application moot and there being no substantive grounds to challenge the Board's decision.

Citation
[2024] HKCFI 3132
Parties
Applicant: Narinder Kaur; 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
19 November 2024
Case Number
HCAL747/2020
Procedural Posture
Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Dismissed; Case Closed as Withdrawn by Claimant's Departure
Outcome
Leave to apply for Judicial Review dismissed.
Legal Topics
Non Refoulement, Torture Claim, Removal/deportation, Deemed Withdrawal on Departure, Judicial Review Leave Stage, Mootness/abuse of Process
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Removal/deportation Deemed Withdrawal on Departure Judicial Review Leave Stage +1 more

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Parties

Narinder Kaur

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Application for Leave Dismissed; Case Closed as Withdrawn by Claimant's Departure

Legal Issues

  1. 1 Whether the applicant is entitled to non-refoulement protection
  2. 2 Whether the Board's decision was susceptible to judicial review on the merits
  3. 3 Effect of the applicant's departure from Hong Kong on continuation of the torture/non-refoulement claim (s37ZF)

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant had departed Hong Kong and s37ZF treats a claimant's departure as a deemed withdrawal of the torture/non-refoulement claim, rendering the application moot and there being no substantive grounds to challenge the Board's decision.

Court Disposition

Leave to apply for Judicial Review dismissed.

Orders

  • Leave to apply for Judicial Review be dismissed.
  • A copy of Form CALL-1 and the sealed order shall be sent to the Director with a request that he use his best endeavours to forward them to the applicant.