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HCAL 2727/2018
[2020] HKCFI 704
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2727 of 2018
BETWEEN
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Bepari Mohammad Kawsar |
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:
THE APPLICATION
1. This is the applicant’s application for leave to apply for judicial review of the Decision dated 16 November 2018 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 Rules of the High Court, Form 86 was amended by deleting the Secretary of Justice and replacing her with the Board as proposed respondent and deleting the Board and replacing it with the Director of Immigration (“the Director”) as interested party.
3. The applicant is an Bangladeshi national. He came to Hong Kong illegally on 18 October 2015 by boat and was arrested by police on 27 October 2015 he lodged his non‑refoulement claim.
4. The Director rejected his claim and he appealed to the Board. The Board refused his appeal.
5. The applicant filed Form 86 on 3 December 2018 for leave to apply for judicial review of the Board’s Decision. The Court has fixed a hearing for him on 17 January 2020.
6. By affirmation dated 9 August 2019, the applicant applied to withdraw his application and said that his problem in his country had been solved.
7. In the circumstances, it is clear that the applicant has no intention of proceeding with his application.
8. Accordingly, I accede to his request. I dismiss his application as he has no cause for complaint as of to date.
Dated the 7th 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 7/5/2020
Bepari Mohammad Kawsar
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 7/5/2020
Torture Claims Appeal Board/ Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 8283/17/8/321/B951
Director of Immigration
Putative Interested Party’s ref. no.: QA T/C 1312/17 (formerly RBCZ13990/15)
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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