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HCAL 1100/2021
[2021] HKCFI 2525
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1100 of 2021
BETWEEN
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Miah Mohammad Pakhi |
Applicant |
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and |
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Director of Immigration |
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:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
THE APPLICATION
1. The applicant filed Form 86 on 5 August 2021 for application for leave to apply for judicial review of the Decision of the Director of Immigration dated 28 July 2021 refusing his subsequent claim of his original claim in HCAL 70 of 2018.
2. By affirmation dated 23 August 2021, the applicant applied to the Court that he wanted to withdraw his application for judicial review for the reason that he wanted to go back to his own country as it is safe for him now.
3. It is clear that the applicant has no intention of proceeding with his application. The Court of Appeal in AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015 said:
“67. It is well established that the court may exercise discretion not to grant a remedy on judicial review if it would serve no practical purpose, where it may have become otiose or pointless to grant a remedy because the relevant detriment to the applicant has been removed (De Smith’s Judicial Review (7th ed) at §§18-054 to 18-056; Judicial Review by Supperstone, Goudie and Walker (5th ed) at §18.18.1)….”
4. As such, his application should be dismissed.
5. Accordingly, I accede to the applicant’s request and dismiss his application.
Dated the 31st day of August 2021
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(M.O. WONG)(Ms) |
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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 31 August 2021
Miah Mohammad Pakhi
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 31 August 2021
Director of Immigration
Putative Respondent’s ref. no.:
L/M (21577) in ImmD RA 7/37/C (formerly RBCZ/2509/14 & RBCZ/3001770/14)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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