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HCAL 160/2021
[2021] HKCFI 586
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 160 of 2021
BETWEEN
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Ozoemena Onyeka Stephen,
alias Abduekarim Mohamed Chaibu,
alias Mohamed Chiabu |
Applicant |
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and |
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
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 K.W. Lung:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant (Order by Deputy High Court Judge K.W. Lung):
1. The applicant filed Form 86 dated 18 February 2021 for application for leave to apply for judicial review of the Decision dated 14 January 2021 of the Torture Claims Appeal Board (“the Board”)
2. The applicant’s Form 86 is amended to have the Board as proposed respondent and the Director or Immigration as the interested party.
3. By a letter dated 26 February 2021, the applicant informed this Court that he liked to withdraw his judicial review application. He did not state the reasons for him to do so in his letter.
4. It is clear that the applicant has no intention of proceeding with his application. As such, his application should be dismissed.
5. Accordingly, I accede to the applicant’s request and dismiss his application.
Dated the 10th day of March 2021
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(M. O. WONG)(Ms) |
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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 10 March 2021
Ozoemena Onyeka Stephen, alias Abduekarim Mohamed Chaibu, alias Mohamed Chiabu
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 10 March 2021
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
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Director of Immigration
Putative Interested Party’s ref. no.: INCL/30803/2020
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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