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HCAL 2137/ 2019
[2024] HKCFI 1156
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2137 of 2019
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Sanneh Ismaila |
Applicant |
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and
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Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
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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:
Leave for the applicant to withdraw his application be granted with liberty to apply for restoration of the claim.
Observations for the Applicant:
1. The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.
2. The applicant filed Form 86 on 26 July 2019 to apply for leave to apply for judicial review of the Board’s Decision.
3. By affirmation filed on 25 March 2024, the applicant applied to cancel [withdraw] his application for the reasons below:
“I want to withdraw my non-refoulement claim as it was requested by the Immigration Department. I have been granted an e-visa and require to leave Hong Kong and re-enter before 18 June to complete my application. But I must withdraw my appeal before doing so.”
4. In the circumstances, I shall grant leave to the applicant to withdraw his application with liberty to apply for restoration of the claim.
Dated the 13th day of May 2024
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(M.O. WONG)(Ms)
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 13/5/2024
Sanneh Ismaila
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 13/5/2024
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 13351/18/9/I12/GA121
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 2600/18 (Formerly RBCZ 12296/15)(T3S112)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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