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BETWEEN
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Mithun Kumar alias Kumar Mithun |
Applicant |
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Torture Claims Appeal Board/ |
Putative |
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Non-refoulement Claims Petition Office |
Respondent |
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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 (Non-Refoulement Claims) Vincent Lung:
1. Form 86 be amended, naming the Director of Immigration as the Putative Interested Party.
2. The application for leave to apply for judicial review out of time be dismissed.
Observations for the Applicant:
Introduction
1. By a Form 86 filed on 15 January 2021 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision of the Torture Claims Appeal Board dated 4 April 2018, which affirmed the decision of the Director of Immigration (the “DOI”) dated 10 October 2017.
2. I amend the Form 86 on my own motion to name the DOI as the putative interested party.
3. The Applicant requested for a hearing of this application which he attended. He informed me that he would not wish to pursue the application further and would like to withdraw.
4. I accede to the withdrawal. As explained in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at [19(1)], there was nothing outstanding in the action. The application (which was brought out of time) is therefore dismissed.
Dated the 26th day of February 2026
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(Gladys Lee)
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 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 26/02/2026
Mithun Kumar alias Kumar Mithun
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 26/02/2026
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 8901/17/10/231/IN1685
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2080/17 (Formerly RBCZ 10219/15)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1