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HCAL 2435/2019
[2025] HKCFI 3100
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2435 of 2019
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Mohamed Hasam Nirmala Ghouse |
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. The Court declines jurisdiction of the application to withdraw; and
2. The Court makes no order on the application to withdraw.
Observations for the Applicant:
Introduction
1. This is the Applicant’s application by Form 86 filed on 22 August 2019 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”) dismissing his appeal against the decision of the Director of Immigration refusing his application for non-refoulement protection (the “Decision”). His application was heard on 10 March 2025 and refused on 15 April 2025. Copies of the Form CALL-1 and Order were sent to him by post on the same day.
Discussion and conclusion
2. On 27 May 2025, the Applicant applied by letter to withdraw his leave application (the “withdrawal application”) asserting (i) that he wished to close his case because he wants to go back to his home country; (ii) that “ [his] life now can save” and “all [his] problem in finish”. As his leave application had already been adjudicated and refused, this Court has no jurisdiction to re-open it and allow it to be withdrawn. Accordingly, this Court declines jurisdiction and makes no order on the Applicant’s application to withdraw.
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
Mohamed Hasam Nirmala Ghouse
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 12098/18/6/277/S258
Director of Immigration
Putative Interested Party’s ref. no.:
RBCZ 10048/18
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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