MASIH SUNIL alias SUNIL ARIF v. TORTURE CLAIMS APPEAL BOARD

HCAL 1064/2018

[2021] HKCFI 2193

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1064 OF 2018 

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D E C I S I O N

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1.  On 7 May 2021 I extended time to the applicant’s late application and granted him leave to apply for judicial review of the decision of the Torture Claims Appeal Board (“Board”) in refusing to allow him to file his notice of appeal without a copy of the decision of the Director of Immigration (“Director”) against which he intended to appeal to the Board, and accordingly directed him to file his originating summons accordingly within 14 days and to serve a copy thereof on the Board as the respondent and the Director as interested party.

2.  The applicant however did not do so, and on 18 June 2021 he wrote to the court to request to withdraw his judicial review application as follows:

“My name is Masih Sunil, and my J.R. Number is HCAL : 1064 – 18.

Here I would like to be write for withdraw my Judicial Review application.

Reason because I want to go back my home country Pakistan.

My problem solve already in my home country Pakistan.

My life is no more danger in my home country Pakistan.

I hope that you will follow up my this request.”.

3.  In the premises, and given his confirmation that whatever problem that had caused him to raise his non-refouelemnt claim in the first place has now been resolved and that his life will no longer be in danger in his home country Pakistan, and hence the basis for his claim no longer exists, I accede to his request and accordingly dismiss his judicial review application.