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HCAL 1340/2020
[2025] HKCFI 4109
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1340 of 2020
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BETWEEN
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MARUTHAKAVI AZHAKAR VARADHARAJAN |
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 |
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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 (Non-refoulement Claims) YW Hew:
1. The Form 86 is amended on the Court’s own motion, naming the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office as the Putative Respondent and the Director of Immigration as the Putative Interested Party;
2. Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
Introduction
1. The Applicant is a national of India. By a Form 86 dated and filed on 29 June 2020 (“Form 86”), which was accompanied by a supporting Affirmation also dated and filed on 29 June 2020 (“the Affirmation”), the Applicant sought leave to commence a judicial review of a decision which dated 19 June 2020 which is one of the Torture Claims Appeal Board (“TCAB”)/Non-Refoulement Claims Petition Office (“NRCPO”) (“the TCAB Decision”)[1].
2. At the oral hearing on 4 September 2025 the Applicant told me that he wanted to go back to his country and to apply to withdraw the said application. He then affirmed the same as evidence, that he was doing so of his own free will and volition, and that he understood that if I granted his application to withdraw then I was likely to dismiss the application for leave to apply for judicial review. He had no comments on my intention to amend the Form 86 of my own motion, as above, to reflect the identity of the proper putative respondent and interested party.
3. I therefore accede to the Applicant’s request to withdraw his application for leave for judicial review without adjudicating on the merits thereof, and make the orders above. I order that the leave application should be dismissed as the action should not be left at large: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19; Luu Van Hoc v Torture Claims Appeal Board/Non-refoulement Claims Petition Office [2023] HKCA 653 at paragraph 25; Ferrolino Jasmin Puno v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2023] HKCA 1073 at paragraph 16; Ngo Xuan Tuyen v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2024] HKCA 1140 at paragraphs 7 and 14; Re Nguyen Thi Lo [2023] HKCA 1141 at paragraph 11.
Dated the 25th day of September 2025
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(Teresa Ng)
for Registrar, High Court
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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 the 25th day of September 2025
MARUTHAKAVI AZHAKAR VARADHARAJAN
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 the 25th day of September 2025
Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 11610/18/5/195/IN2296
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 1033/18 (formerly RBCZ 10151/16) (6I4)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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