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HCAL 670/2019
[2021] HKCFI 611
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 670 of 2019
BETWEEN
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Hossain Mozammel |
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:
Leave to apply for Judicial Review be dismissed.
Observations for the Applicant:
1. The applicant is a Bangladeshi national. He is an illegal immigrant. He applied to the Director for non-refoulement claim. By Decision dated 26 March 2018 (“the Director’s Decision”), the Director rejected his application.
2. The applicant appealed to the Board against the Director’s decision.
3. By the Board’s Decision dated 4 March 2019 (“the Board’s Decision”), the Board rejected his appeal and confirmed the Director’s decision.
4. The applicant filed Form 86 on 11 March 2019 for leave to apply for judicial review of the Board’s Decision (“his application”).
5. The applicant filed an affirmation on 5 February 2021 with the Court seeking to withdraw his application as his problems in Bangladesh had been solved and his wife is ill in hospital.
6. It is clear that the applicant has no intention of proceeding with his application. As such, his application should be dismissed.
7. Accordingly, I accede to the applicant’s request and dismiss his application.
Dated the 12th day of March 2021
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(M. O. WONG)(Ms) |
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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 March 2021
Hossain Mozammel
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 12 March 2021
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 10971/18/3/423/B1195
Director of Immigration
Putative Interested Party’s ref. no.: Q/A TC 296/18 (Formerly RBCZ 10092/15)(T3S112)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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