RE NGO QUANG DUY

HCAL 1317/2019

[2022] HKCFI 1682

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1317 OF 2019

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REASONS FOR DECISION

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Introduction

1.  This is the Applicant’s application by summons filed on 7 April 2022 for judicial review of the decision of the Director of Immigration, the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office and my decision in the Form Call-1 in relation to his Notice of application for leave to apply for judicial review (Form 86) (the “Summons”).

2.  On 23 February 2022, a Form Call-1 was issued dismissing the Applicant’s application for leave to apply for judicial review of the decision of the Director of Immigration in his Notice of Decision dated 12 February 2018 and the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office dated 13 December 2018. Hence, the Court understood that the Applicant’s intention in the Summons was to seek leave to appeal my decision in the Form Call-1, the time to appeal having expired on 9 March 2022. A hearing was scheduled on 28 April 2022 to ascertain the Applicant’s intention, amend the Summons and to enable its proper disposal.

3.  After the notice of hearing was issued, a letter dated 11 April 2022 was received from the Applicant seeking to “calcel all my request” because “my problem in Vietnam already finished.” Because of the ambiguity in his Summons and in his letter, I decided to hold the hearing as scheduled.

4.  At the hearing, the Applicant confirmed that his debt in Vietnam had been settled on 5 March 2022 and he wanted to return to Vietnam. He did not wish to pursue his application in his Summons. The time to appeal having expired, the most appropriate means of disposal was to dismiss his Summons and make no order on his application by letter dated 11 April 2022 to withdraw the Summons. Accordingly, the Court made an order in those terms.