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HCAL 464/2019
[2020] HKCFI 767
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 464 of 2019
BETWEEN
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Samat Sumit Singh |
1st Applicant |
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Amritnoor Kaur |
2nd Applicant |
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Samat Samardeep Singh |
3rd 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 Applicants:
1. Form 86 is amended by naming the son as the third applicant.
2. The first applicant is the father, the second applicant is his wife and the third applicant is his son. This is the applicants’ joint application for leave to apply for judicial review of the Decision dated 29 January 2019 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (the “Board’s Decision”).
3. The first and the second applicants are Indian nationals. They came to Hong Kong as visitors, but they overstayed. On 14 January 2014, they were arrested by police for overstaying. On 2 March 2014, they were released on recognizance. On 30 November 2014, the third applicant was born. On 26 May 2014, the first and the second applicants lodged their non-refoulement claim. They lodged the non-refoulement on behalf of the third applicant on 15 May 2017. Their applications were rejected by the Director of Immigration by Notice of Decision dated 18 August 2017.
4. They jointly appealed to the Board. The Board refused their appeal.
5. The applicants jointly filed Form 86 on 19 February 2019 for leave to apply for judicial review of the Board’s Decision. The Court has not yet fixed a hearing date for their application.
6. By their respective affirmations dated 10 March 2020, the 1st and 2nd applicants applied to the court to withdraw their joint application for the reason that they wanted to go back to their own country.
7. In the circumstances, it is clear that the applicants have no intention of proceeding with their joint application, which should be dismissed.
CONCLUSION
8. Accordingly, I accede to their request and dismiss their joint application.
Dated the 12th day of May 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 12/5/2020
Samat Sumit Singh
(1st Applicant)
Amritnoor Kaur
(2nd Applicant)
Samat Samardeep Singh
(3rd Applicant)
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 12/5/2020
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 8276/17/8/314/IN1574;
USM 8277/17/8/315/IN1575; and
USM 8278/17/8/316/IN1576
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 1327/17 (formerly RBCZ 10086/17);
QA T/C 1317/17 (formerly RBCZ 10773/15); and
QA T/C 1318/17 (formerly RBCZ 10725/15)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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