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HCAL1123/2018
[2019] HKCFI 2036
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1123 of 2018
BETWEEN
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Ahmed Niyaz |
Applicant |
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The Adjudicator of the Non-refoulement
Claims Petition Office |
1st Putative Respondent |
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The Director of Immigration |
2nd Putative Respondent |
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 K.W. Lung:
by consent, the applicant’s application for leave to apply for judicial review be dismissed.
Observations for the Applicant (Order by Deputy High Court Judge K.W. Lung):
1. This is the applicant’s application for leave to apply for judicial review against the respective decisions of the Torture Claims Appeal Board/ Non‑refoulement Claims Petition Office (“the Board”) and the Director of Immigration (“the Director”).
2. At the hearing before me, the applicant applied to withdraw his application, saying that his problems in his home country had been solved and he wanted to go back to his country as soon as possible.
3. I had advised him that if he withdrew his application, his application would be dismissed by consent and he would be debarred from restoring his application at a later stage.
4. He confirmed that he understood the situation and he would like to proceed to make his withdrawal application. He simply wanted the Court to give its decision and Order as soon as possible.
5. This Court shall make an order that by consent, the applicant’s application for leave to apply for judicial review be dismissed forthwith.
Dated the 13th day of August 2019
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(Henry Ng)
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 15/8/2019
Ahmed Niyaz
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 15/8/2019
The Adjudicator of the Non-refoulement Claims Petition Office
1st Putative Respondent’s ref. no.:
USM 11164/18/4/174/IN2166
The Director of Immigration
2nd Putative Respondent’s ref. no.:
QA T/C 3634/17 (formerly RBCZ 11273/16)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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