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HCAL 1659/2019
[2023] HKCFI 3216
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1659 of 2019
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BETWEEN
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Yuliana |
1st Applicant |
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Yuliana Chloew Joselyn |
2nd 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 |
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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 Applicants:
1. The applicants are mother and daughter and they remain in Hong Kong without permission of the Director of Immigration. They lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. They appealed to the Torture Claims Appeal Board (the “Board”). The Board dismissed their appeal.
2. The applicants filed Form 86 on 17 June 2019 for leave to apply for judicial review of the Board’s Decision.
3. The 1st applicant, on behalf of herself and her daughter, filed an affidavit dated 28 August 2023 with the court in which she said they want to go back to Indonesia and they want to cancel [withdraw] their case.
4. There is nothing outstanding in this action.
5. In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:
“(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 applicants’ application is therefore dismissed.
Dated the 19th day of December 2023
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(M.O. WONG)(Ms)
for Registrar, High Court
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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 Applicants:
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 Applicants
on 19/12/2023
Yuliana
and
Yuliana Chloew Joselyn
Applicants’ 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 19/12/2023
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 11695/18/5/280/I1338 & USM 14593/18/12/310/I1590
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 1646/17 (formerly RBCZ 10559/17) and QA T/C 4544/18 (Formerly RBCZ 10782/18)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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