NARINDER KUMAR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 289/2018

[2019] HKCA 529

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 289 OF 2018

(ON APPEAL FROM HCAL 606/2017)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  The Court dismissed the appeal on 15 February 2019. By a notice of motion of 22 February 2019 (filed on 25 February 2019), the applicant sought leave to appeal to the Court of Final Appeal.

2.  Written submissions on the application were lodged by the parties.

3.  On 7 May 2019, the applicant wrote to the Court asking to withdraw his case with immediate effect as he would like to go back to India immediately due to his father passed away on 5 May 2019.

4.  We have read the notice of motion and the submissions.  The grounds in the notice of motion do not meet the threshold in Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance Cap 484 for leave to be granted for an appeal to the Court of Final Appeal.  There is no question which is one by reason of its great general or public importance or otherwise that ought to be submitted to the Court of Final Appeal.

5.  We dismiss the notice of motion accordingly.