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HCAL 3560/2019
[2025] HKCFI 846
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 3560 of 2019
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BETWEEN
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Chumber Ramdas Singh |
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 |
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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) Teresa Wu made on 4 February 2025:
The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. By Form 86 filed on 2 December 2019, the Applicant applies for leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 21 November 2019 (“the Board’s Decision”) confirming the decision of the Director of Immigration dated 31 May 2018, which rejected the Applicant’s non-refoulement claim on all applicable grounds under the Unified Screening Mechanism (USM).
2. The material facts of this case, including the Applicant’s personal background, his case and claim, including the incidents relied on by him to allege that he would be ill-treated or killed in India by his enemy, Davinder Singh and the political affiliates in Akali Dal Party, by reason of his support for the rival Congress Party, and the immigration and procedural history etc., have been set out comprehensively in the Board’s Decision[1].
3. At the oral hearing, the Applicant indicates that he would like to ‘close’ his case now, claiming that his ‘problem’ has been resolved. He has expressed his wish to return with proper translation and voluntarily, not under threat, coercion or as a result of other inappropriate means, etc.
4. I accede to the Applicant’s request and make an order that the application herein for leave be dismissed: see Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19.
Dated the 10th day of March 2025
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(Chung Lai Fan, Christine)
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 10 March 2025
Chumber Ramdas Singh
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 10 March 2025
Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 11912/18/6/91/IN2374
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 920/18 (formerly RBCZ/13323/16)(T8S21)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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