Tijan Chongan v Director Of Immigration And Another [Decision On Leave Application]

Court:High Court (Hong Kong)
Judgement Number:HCAL1134/2017
Judgment Date:28 Nov 2018
Neutral Citation:[2018] HKCFI 2608
HCAL1134/2017 TIJAN CHONGAN v. DIRECTOR OF IMMIGRATION AND ANOTHER

HCAL1134/2017

[2018] HKCFI 2608

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1134 of 2017

BETWEEN

Tijan Chongan Applicant
and
Director of Immigration 1st Putative
Respondent
Adjudicator of the Non-refoulement
Claims Petition Office appointed to
determine the Applicant’s Petition
2nd Putative
Respondent

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

consideration of the documents only; or
consideration of the documents and the Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

Leave to apply for Judicial Review be dismissed for want of prosecution on 9 November 2018.

Observations for the Applicant (Order by Deputy High Court Judge K.W. Lung):

1. By Form 86 under Order 53, rule 3(2) of the Rules of the High Court, the applicant applied for leave for judicial review of the decisions of the Director of Immigration and the Adjudicator of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office.

2. The applicant requested hearing of his application by the Court.

3. The application was set down for hearing on 9 November 2018 at 10am.

4. The applicant was absent at the hearing.

5. The Court of Appeal in Re: Ahmed Syed Rafiq [2018] HKCA 178 (CACV 272/2017) 26 March 2018 held that for active case management, the Court has power to strike out the application for want of prosecution. See paragraph 12:

‘12. In Choy Bing Wing v President of Hong Kong Institute of Engineers (HKIE) (unreported, CACV 172/2013, 19 February 2014), it was held at [15] that “The court’s duty on active case management is equally applicable to appeals as in first instance cases. The expeditious and efficient disposal of appeals is important in the proper administration of justice”. The Court has power to strike out an appeal on the ground of abuse of process which includes a striking out for want of prosecution ([18]).’

6. Accordingly, the applicant’s application is dismissed for want of prosecution.

Dated 28th day of November 2018

(Alan Ngan)
for Registrar, High Court

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