FOUDA AYMAN ALI MAHMOUD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

FOUDA AYMAN ALI MAHMOUD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court dismissed the leave application because the remaining applicants had been removed from Hong Kong and pursuant to s37ZF(1) of the Immigration Ordinance their non-refoulement claims are treated as withdrawn, leaving no live controversy to support grant of leave.

Citation
[2020] HKCFI 2345
Parties
1st Applicant (withdrawn): Fouda Ayman Ali Mahmoud; 2nd Applicant: Nirmin Mohamed Ali Hassan Amer Fouda; 3rd Applicant: Nouran Ayman Ali Mahmoud Fouda; 4th Applicant: Rawan Ayman Ali Mahmoud Fouda; 5th Applicant: Hafsa Ayman Ali Mahmoud Fouda; 6th Applicant: Rodina Ayman Ali Mahmoud Fouda; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2020
Case Number
HCAL84/2019
Procedural Posture
Judicial Review Leave Application / Notification of Decision Dismissing Leave Application
Outcome
The 2nd to 6th Applicants' application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (prohibition of Torture and Cruel, Inhuman or Degrading Treatment), Judicial Review, Leave to Apply for Judicial Review, Repatriation, S37 Zf(1) Withdrawal on Leaving Hong Kong
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) +5 more

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Parties

Fouda Ayman Ali Mahmoud

1st Applicant (withdrawn)

Nirmin Mohamed Ali Hassan Amer Fouda

2nd Applicant

Nouran Ayman Ali Mahmoud Fouda

3rd Applicant

Rawan Ayman Ali Mahmoud Fouda

4th Applicant

Hafsa Ayman Ali Mahmoud Fouda

5th Applicant

Rodina Ayman Ali Mahmoud Fouda

6th Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review Leave Application / Notification of Decision Dismissing Leave Application

Legal Issues

  1. 1 Whether the leave application remains live after applicants leave Hong Kong
  2. 2 Whether s37ZF(1) Immigration Ordinance treats a non-refoulement claim as withdrawn when claimant leaves Hong Kong
  3. 3 Whether there is a justiciable controversy after repatriation

Ratio Decidendi

The court dismissed the leave application because the remaining applicants had been removed from Hong Kong and pursuant to s37ZF(1) of the Immigration Ordinance their non-refoulement claims are treated as withdrawn, leaving no live controversy to support grant of leave.

Court Disposition

The 2nd to 6th Applicants' application for leave to apply for judicial review is dismissed.

Orders

  • The 2nd to 6th Applicants' application for leave to apply for judicial review is dismissed.
  • The 1st Applicant's leave application was withdrawn on 7 July 2020 and so is not proceeded with.