RE GILL JASKARAN SINGH

HCAL 2248/2018

[2022] HKCFI 3162

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2248 OF 2018

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D E C I S I O N

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1.  The applicant is an illegal immigrant for remaining in Hong Kong without permission. He lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. He appealed to the Torture Claims Appeal Board (the “Board”) and, by the Board’s Decision, his appeal was dismissed by the Board.

2.  The applicant filed Form 86 on 16 October 2018 for application for leave to apply for judicial review of the Board’s Decision.

3.  By Form CALL-1 dated 17 March 2022, the Court dismissed his application. He applied for leave to appeal, but he was out time. By Decision dated 27 June 2022 (“the Court’s Decision”), his application for appeal out of time was allowed by the Court.

4.  The applicant sent a letter dated 20 June 2022 to the Court to withdraw his application for leave to apply for judicial review of the Board’s Decision because he wishes to go back to his country as soon as possible.

5.  The Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19 held:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

6.  The Court’s Decision is therefore set aside.