RE, ATEEQ PASHA ABDUL GAFFAR
[2019] HKCFI 2275
HCAL 31/2018
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 31 OF 2018
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REASONS FOR DECISION
1. On 21 August 2019 I refused to extend time for what appeared to me a hopeless appeal by the applicant against my decision dated 24 May 2019 in refusing his leave application to apply for judicial review of the decision of the Torture Claims Appeal Board (“the Board”) regarding his non-refoulement claim.
2. Thereafter on 28 August 2019 the applicant lodged an appeal against that decision in the Court of Appeal under CAMP 209/2019. However, on the following day on 29 August 2019, he also filed an application by way of an affirmation for leave to appeal against the same decision.
3. At the hearing of his application the Applicant clarified that as he has already lodged his appeal in the Court of Appeal, it was his mistake to make an application in this Court for the same purpose, and of which he agreed it would not be necessary for me to deal with, and therefore sought leave to withdraw his application. According I granted his request for his application to be withdrawn.
The applicant appeared in person