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HCAL 2665/2018
[2021] HKCFI 583
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2665 of 2018
BETWEEN
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Bikramjeet Singh |
Applicant |
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and |
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Torture Claims Appeal Board |
1st Putative Respondent |
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Director of Immigration |
2nd Putative Respondent |
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 Bruno Chan:
The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. The Applicant was a national of India who had raised a non-refoulement claim with the Immigration Department, and after it had been rejected and his subsequent appeal to the Torture Claims Appeal Board (“the Board”) also dismissed, he then filed a Form 86 on 23 November 2018 for leave to apply for judicial review of both of their decisions.
2. However, before his application could be dealt with by the court, on 4 December 2018 the Applicant passed away due to a drug overdose according to a copy of his Death Certificate dated 1 April 2019 furnished by the Department of Justice on behalf of the Immigration Department. Accordingly his leave application is dismissed.
Dated the 5th day of March 2021.
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(TAM Kam-man)
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 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 5th March 2021
Bikramjeet Singh
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 5th March 2021
Torture Claims Appeal Board
1st Putative Respondent’s ref. no.:
USM 9693/17/12/360/IN1822
Director of Immigration
2nd Putative Respondent’s ref. no.: Nil.
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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