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HCAL 2052/2019
[2020] HKCFI 1117
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2052 of 2019
BETWEEN
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Chapagain Sandip |
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:
Application for leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. This is the applicant’s application for leave to apply for judicial review of the Decision dated 11 July 2019 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board’s Decision”).
2. Pursuant to Order 20, rule 8 and Order 53, rule 3(6) of the RHC, Form 86 was amended by deleting the Director of Immigration (“the Director”) as respondent and by deleting the Board as interested party.
3. The applicant is a Nepalese national. He is an illegal immigrant and he applied to the Director for non-refoulement claim. The Director rejected his claim.
4. The applicant appealed to the Board against the Director’s decision.
5. By the Board’s Decision, the Board rejected his appeal.
6. The applicant filed Form 86 on 18 July 2019 for leave to apply for judicial review of the Board’s Decision.
7. However, by Affirmation filed on 13 March 2020, the applicant sought to withdraw his application because he wanted to return to his own country.
8. It is clear that the applicant has no intention of proceeding with his application. As such, his application should be dismissed.
9. Accordingly, I accede to the applicant’s request and dismiss his application.
Dated the 11th day of June 2020
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(Mike Mak) |
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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 11/6/2020
Chapagain Sandip
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 11/6/2020
Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 12732/18/8/2/N513
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2997/18 (formerly RBCZ 10420/16)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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