HCAL 1335/2019
[2020] HKCFI 1455
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1335 of 2019
BETWEEN
Gurvinder Singh
1st Applicant
Shanmeet-Kaur alias Shanmeet Kaur alias
2nd Applicant
and
Torture Claims Appeal Board/
Putative Respondent
and
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 K.W. Lung :
Application for leave to apply for Judicial Review be dismissed .
Observations for the Applicants:
1. The applicants’ Form 86 is amended to have the Torture Claims Appeal Board as proposed respondent and the Director or Immigration as interested party.
2. This is the applicants’ application for leave to apply for judicial review of the Decision dated 27 September 2018 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board’s Decision ”).
3. The applicants are Indian nationals. They are illegal immigrants. They applied to the Director for non-refoulement claim. The Director rejected their application.
4. The applicants appealed to the Board against the Director’s Decision.
5. By the Board’s Decision, the Board rejected their appeal and confirmed the Director’s Decision.
6. The applicants filed Form 86 on 17 May 2019 for leave to apply for judicial review of the Board’s Decision.
7. However, the 1st applicant sent a letter dated 6 May 2020 to the Court seeking to withdraw their application because they wanted to go back to attend his sick mother.
8. It is clear that the applicants have no intention of proceeding with their application. As such, their application should be dismissed.
9. Accordingly, I accede to the 1st applicant’s request and dismiss their application.
Dated the 6th day of July 2020
(Mike Mak)
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 :
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);
Sent to the Applicants Gurvinder Singh st Applicant)Shanmeet-Kaur alias Shanmeet Kaur alias Kaur Shanmeet nd Applicant)
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 6/7/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Director of Immigration Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)
Form CALL-1