HKCFI 998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 177 of 2018
|Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office
|1st Putative Respondent
||2nd Putative Respondent
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
||consideration of the documents only; or
||consideration of the documents and the Applicant being present / absent in open court;
Order by Deputy High Court Judge Bruno Chan:
Leave to apply for judicial review refused.
Observations for the Applicant:
1. The Applicant is a 43-year-old national of Pakistan who arrived in Hong Kong on 27 May 2016 with permission to remain as a visitor up to 10 June 2016 when he did not depart and instead overstayed and was arrested by police on 5 August 2016. After he was referred to the Immigration Department for investigation, he raised a non-refoulement claim on the basis that if he returned to Pakistan he would be harmed or killed by his brother and his brothers-in-law over some family disputes. He has since been released on recognizance pending the determination of his claim.
2. The Applicant was born and raised in in Sialkot City, Punjab, Pakistan. Since when they were small his younger brother Adnan started to become bitterly jealous of the Applicant as being their parents’ favorite son, and on one occasion in 1992 when they were in their teens and were playing on the roof-top of their three-storey home, Adnan pushed the Applicant off the roof that he suffered multiple fractures to his arms and legs.
3. On another occasion when the Applicant was given a new motorcycle by his parents for good examination result, Adnan would later set it on fire and burnt it.
4. In 2009 Adnan married a girl whose family had close connection with the political party Pakistan Muslim League (N), and he also became a supporter of that party.
5. As years went by, the jealousy and hatred of Adnan towards the Applicant intensified, but their parents always insisted that they should make peace and trust each other, and so when the Applicant started his own business in money-exchange, he allowed Adnan to assist him in his business.
6. In 2014 the Applicant took a trip to Dubai and let Adnan ran the business in his absence including operating the business accounts. However, when the Applicant returned to Pakistan one month later, he discovered that all the money in the accounts had gone, of which Adnan explained were all lost in the business.
7. The Applicant did not believe his explanation and called for a meeting between the two families, during which he and Adnan had a heated argument over the ownership of the family house when Adnan and his in-laws started to attack the Applicant with punches and wooden sticks that he lost consciousness.
8. When he eventually came to, the Applicant found that police had arrived to arrest himas Adnan’s in-laws had made a complaint that the Applicant had assaulted them. Eventuallythe Applicant was released by the police without charge, but he then started to receive phone calls from some unknown man threatening to kill him if he refused to give up his share in the family house to Adnan.
9. Fearing for his life the Applicant fled to Lahore and then to Islamabad. Eventually his father stepped in to resolve the dispute by transferring the family house to the Applicant. As a result the Applicant returned to live in the family house after Adnan and his family had moved to Gujranwala City.
10. One day in January 2016 when the Applicant drove with his family to Gujranwala City to attend the wedding of a relative, he ran into Adnan and his family at the parking lotwhen Adnan’s in-law suddenly pulled out a gun and shot at his car. Although nobodyin the car was seriously hurt the Applicant and his family were so frightened that he turned the car around and fled home.
11. After the shooting incident the Applicant feared that Adnan would come after him,and so he approached a friend in Dubai for help, and his friend advised that he could come to Dubai to join his business in selling surgical instruments, but as he was due to attend a business exhibition in Hong Kong soon, he suggested that they should meet up in Hong Kong while his friend meanwhile would work on getting a visa for him to go to...