Re Av

Court:High Court (Hong Kong)
Judgement Number:HCAL134/2012
Judgment Date:28 Nov 2012
HCAL134/2012 RE AV

HCAL 134/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 134 OF 2012

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AV Applicant

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Before: Hon L Chan J in Chambers

Date of Application: 29 October 2012

Date of Judgment: 28 November 2012

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J U D G M E N T

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1. This is an application for leave to apply for judicial review. The applicant seeks judicial review of the refusal dated 26 October 2012 by an adjudicator of her petition to the Chief Executive dated 3 October, 2012. She petitioned to the Chief Executive against the determination by the Director of Immigration dated 20 September 2012 refusing her claim under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

The facts of the claim

2. She said in her affidavit in support of the application that she was born in the Philippines. She entered Hong Kong as a foreign domestic helper on 25 August 2008 with the permission of the Director of Immigration. Her employment contract expired on 25 August 2010. She was however afraid of going back to her country and therefore overstayed in Hong Kong. She was arrested by the police on 21 June 2011 and was released on recognisance on 2 August 2011. However, she did not attend any screening interview of the Immigration Department. She explained that she was afraid that the department would finish processing her CAT claim and send her back to her country.

3. She summarised the basis of her claim in her affidavit. She said she was from a municipality X of a province Y in the Philippines. She thought that there was no justice for showing honour at that place. The myth and idiom were in the hearts of the people there. The People there were raised in the belief that once a person hurt or killed another person, the first person must pay for the deed with his/own life. She alleged that she drove a car and had an accident. Her passenger friend was killed. As a result, everybody put the blame on her and said that she had killed her friend. Everybody thought that she had to die for it. She was scared that she could not survive in the Philippines and therefore could not go back there.

The events leading to the decision of the Director of Immigration

4. The notice of determination of the Immigration Department showed that between 20...

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