PHAM THI THUY v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

bjbj HCAL 936/2021 [2022] HKCFI 2204 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 936 of 2021 BETWEEN Pham Thi Thuy Applicant and Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent Director of Immigration Putative Interested Party Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge s decision (Ord 53 r 3) Following; ( consideration of documents only; or consideration of documents and Applicant being absent in open court; Order by Deputy High Court Judge K.W. Lung: Leave to apply for Judicial Review be dismissed. Observations for the Applicant: The applicant remains in Hong Kong without permission of the Director of Immigration. She lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. She appealed to the Torture Claims Appeal Board (the Board ). The Board dismissed her appeal. The applicant filed Form 86 on 2 July 2021 for leave to apply for judicial review of the Board s Decision. The applicant filed an affirmation on 4 July 2022 to the court, in which she stated that she wanted to withdraw her application for judicial review as it is safe for her to return to Vietnam. In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at 19: (1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large. The application is therefore dismissed. Dated the 1st day of August 2022 (M.O. WONG)(Ms) for Registrar, High Court Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent s evidence Notes for the Applicant: If leave has been granted, the Applicant or the Applicant s solicitors must: a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). Sent to the Applicant on 1 August 2022 Pham Thi Thuy Applicant s ref. no: Nil. Sent to the Putative Respondent / the Putative Respondent s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties solicitors on 1 August 2022 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent s ref. no.: - Director of Immigration Putative Interested Party s ref. no.: L/M (23078) in ImmD RA 7/37/C (Formerly RBCZ/10182/16) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2) Form CALL-1 PAGE \* MERGEFORMAT n]K=K=K=K= yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m lcYcUQH: gd:| gd:| gd$0 gd)m hMiy hMiy hMiy gd:| gd:| hMiy yky]F h,(^ hMiy h,(^ h,(^ ho0f h,(^ h,(^ h,(^ h,(^ h,(^ h,(^ gd:| gd:| gd:| gd:| yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m yt)m [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> V?@k V?@k F?@k KimWan Lung Normal.dotm Windows User Microsoft Office Word T$5( Times New Roman Times New Roman HCAL Times New Roman 2022 ] HKCFI 2204 IN THE HIGH COURT OF HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. of 2021 BETWEEN Pham Thi Thuy Applicant Torture Claims Appeal Boa refoulement Claims Petition Office Putative Respondent Director of Immigration Putative Interested Party Application for Leave to Apply for Judicial Review NOTIFICATION of the Judge decision (Ord 53 r 3) Following Wingdings 2 cons ideration of documents only; or consideration of documents and Applicant being absent in open court; Order by Deputy High Court Judge K.W. Lung Times New Roman Leave to apply for Judicial Review be dismiss Observations for the Applicant: "Arial The applicant remains in Hong Kong without permission of the Director of Immigration. She lodged non refoulement claim with the Immigration Department and was rejected by the Director of Immigration. She appealed to the Torture Claims Appeal Board (the Board ). The Board dismissed her appeal. The applicant filed Form 86 on 2 July 2021 for leave to apply for judicial review of the Board s Decision. The applicant filed an affirmation on 4 July 2022 to the court, in which she stated that she wanted to withdraw her application for judicial review as it is safe for her to return to Vietnam. 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