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HCAL 1320/2024
[2025] HKCFI 3099
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1320 of 2024
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Periyasamy Elavarasan alias Elavarasan P |
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 To:
1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and
2. Application for leave to apply for Judicial Review be withdrawn.
Observations for the Applicant:
Introduction
1. This is the Applicant’s application by Form 86 filed on 12 August 2034 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) and the Director of Immigration (the “Director”) dismissing his appeal against the decision of the Director refusing his application for non-refoulement protection (the “Decision”).
Discussion and conclusion
2. On 2 July 2025, the Applicant applied by affirmation to withdraw his leave application (the “withdrawal application”) asserting (i) that he wants to go back to his home country; (ii) that “ his problem has been solved” and he has no problem in his home country. In the context of his leave application, he is asserting that it is now save for him to return to his home country. Reading the decision of the Board and all the papers, there is nothing to suggest his decision to withdraw was made otherwise than out of his own free will and with full understanding of the consequences of his withdrawal. Accordingly, this Court is of the view that his decision to withdraw his leave application is an informed and conscious decision validly made and hence allows his application for leave to apply for judicial review to be withdrawn.
Dated the 21st day of July 2025
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( Seline Sze ) |
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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 21/07/2025
Periyasamy Elavarasan alias Elavarasan P
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 21/07/2025
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 23606
Director of Immigration
Putative Interested Party’s ref. no.:
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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