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HCAL 623/2022
[2024] HKCFI 2882
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 623 of 2022
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Vu Ai Kien |
Applicant |
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and
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
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Putative Respondent |
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and
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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 To:
1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and
2. Application for leave to apply for Judicial Review be withdrawn.
Observations for the Applicant:
Introduction
1. This is the Applicant’s application by Form 86 filed on 18 July 2022 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) dismissing his appeal against the decision of the Director of Immigration refusing his application for non-refoulement protection (the “Decision”).
Discussion and conclusion
2. On 10 October 2024, the Applicant applied by affirmation to withdraw his leave application (the “withdrawal application”) asserting (i) that his withdrawal application is made out of his own free will; (ii) that it is now safe for him to return to his home country; (iii) that he understands that if his application to withdraw is approved, the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dismissing his appeal against the decision of the Director of Immigration remains in force; and (iv) that he wishes to return to his home country.
3. In view of the assertions in his affirmation, the Court is satisfied that the Applicant made the withdrawal application out of his own free will; that he understands if his withdrawal application is allowed, his leave application may be withdrawn; that the Decision of the Board will be final and binding on him; and that he may be refouled to his home country. Accordingly, the Court allowed his withdrawal application and granted leave for him to withdraw his leave application.
Dated the 28th day of October 2024
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( Seline Sze ) |
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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 28/10/2024
Vu Ai Kien
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 28/10/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 16409/19/10/58/V2366
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 700/19 (Formerly RBCZ 10437/19)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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