MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION

[2018] HKCFI 1387

Court of First Instance21 June 2018

HCAL601/2017 MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION

HCAL 601/2017

[2018] HKCFI 1387

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 601 OF 2017

BETWEEN

	MR. NAHAR SINGH	Applicant
	and
	DIRECTOR OF IMMIGRATION	Putative Respondent

Application for leave to apply for judicial review
NOTIFICATION of the Judge’s decision (Order 53, rule 3)

Following:

consideration of the documents only; or

consideration of the documents and oral submissions by the applicant or counsel [ ] in open Court;

Order by the Honourable Mr. Justice Anthony Chan:

The application for leave to apply for judicial review is dismissed.

Observations for the applicant:

I am unable to see any merit in this application. Although there is no challenge against the decision of Appeal Board in the Form 86, that decision has also been considered. The Applicant’s case was carefully scrutinized by the Board. He was found to be an unreliable witness, and none of the grounds for non-refoulement was substantiated.

Dated the 21^st day of June 2018.

(Gladys Cheng)
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 the application in the light of the respondent’s evidence.

Notes for the applicant:

If leave has been granted, the applicant or his 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 / Handed to the Applicant / the Applicant’s solicitors on 21 June 2018

MR. NAHAR SINGH
The Applicant

Sent / Handed 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 21 June 2018

Director of Immigration
The Putative Respondent
Ref: RBCZ/9001960/17 (formerly RBCZ/1584/14)

Form CALL-1

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Appeal history

MR. NAHAR SINGH v. DIRECTOR OF IMMIGRATION
CFI · 21 Jun 2018 · [2018] HKCFI 1387
This judgment
RE MR. NAHAR SINGH
CA · 14 Aug 2019 · [2019] HKCA 856
On appeal from
RE MR. NAHAR SINGH
CA · 20 Nov 2019 · [2019] HKCA 1249
On appeal from