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HCAL 2834/2019
[2020] HKCFI 1090
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LISTNo. 2834 of 2019
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Vu Trong Dai |
Applicant |
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Torture Claims Appeal Board |
1st Putative Respondent |
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Immigration Department |
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 Bruno Chan:
Leave to apply for judicial review dismissed.
Observations for the Applicant:
1. The Applicant is a national of Vietnam who filed a Form 86 on 26 September 2019 for leave to apply for judicial review of the decision dated 18 June 2019 of the Torture Claims Appeal Board for dismissing his appeal against the rejection by the Director of Immigration of his non-refoulement claim.
2. In his Form 86 the Applicant did not put forward any ground for seeking relief, and in his supporting affirmation he merely repeated his claim that he cannot go back to his home country because his life is still in danger over there.
3. However, before his application could be dealt with by the court, he filed an affirmation on 21 May 2020 to request to withdraw his application as he wants to go back to Vietnam, in which case there seems to me no longer any basis for him to maintain his claim of fear of harm upon his return to Vietnam, and it would therefore be appropriate for his claim to be dismissed rather than withdrawn.
4. In the premises and accordingly I dismiss his application.
Dated the 11th day of June 2020.
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(NG Hang-yin)
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 his 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 11th June 2020
Vu Trong Dai
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 11th June 2020
Torture Claims Appeal Board
1st Putative Respondent’s ref. no.:
Nil.
Immigration Department
2nd Putative Respondent’s ref. no.:
Nil.
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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