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HCAL 1278/2023
[2025] HKCFI 1052
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1278 of 2023
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Sumon G M |
1st Applicant |
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Sultana Irin |
2nd Applicant |
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Sumon Gazi Yusra Ayat Shuhi |
3rd Applicant |
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and |
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
Putative Respondent |
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and |
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Director of Immigration |
Putative Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by Deputy High Court Judge To:
1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and
2. Application for leave to apply for Judicial Review be withdrawn.
Observations for the Applicant:
Introduction
1. This is the Applicant’s application by Form 86 filed on 25 July 2023 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dismissing their appeal against the decision of the Director of Immigration refusing their application for non-refoulement protection (the “Decision”).
Discussion and conclusion
2. On 14 February 2025, the Court received a letter from the 1st and 2nd Applicants informing the Court on behalf of themselves and their child, ie the 3rd Applicant that they had applied to withdraw their leave application (the “withdrawal application”). As no such application has been received, a hearing was scheduled for them on 10 March 2025. At the hearing, the Applicants appeared. The 1st Applicant confirmed on behalf of all applicants (i) that their withdrawal application is made out of their own free will; (ii) that it is now safe for them to return to their home country; (iii) that they understand that if their application to withdraw is approved, the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dismissing their appeal against the decision of the Director of Immigration remains in force; and (iv) that they wish to return to their home country.
3. In view of their assertions in his letter and in Court, the Court is satisfied that the Applicant made the withdrawal application out of their own free will; that they understand if their withdrawal application is allowed, their leave application may be withdrawn; that the Decision of the Board will be final and binding on them; and that they may be refouled to their home country. Accordingly, the Court allowed their withdrawal application and granted leave for them to withdraw their leave application.
Dated the 18th day of March 2025
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( Seline Sze ) |
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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 their application in the light of the Respondent’s evidence
Notes for the Applicant:
If leave has been granted, the Applicant or the Applicant’s solicitors must:
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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)).
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Sent to the Applicant
on 18/03/2025
Sumon G M
Sultana Irin
Sumon Gazi Yusra Ayat Shuhi
Applicant’s ref. no:
Nil |
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Sent 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 18/03/2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 20631 to 20633
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 1294/21 (Formerly RBCZ 11252/21)
QA T/C 1295/21 (Formerly RBCZ 11253/21)
QA T/C 1325/21 (Formerly RBCZ 11254/21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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