Narinder Kumar v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Read the full judgment text of CACV 289/2018 on BabelCite. This Court of Appeal judgment was delivered on 15 May 2019.

1. The Court dismissed the appeal on 15 February 2019. By a notice of motion of 22 February 2019 (filed on 25 February 2019), the applicant sought leave to appeal to the Court of Final Appeal.

Cited by 1 case · Cites 1 case

Case No.CACV 289/2018[2019] HKCA 529
Court
Court of Appeal
Date15 May 2019
Judge
Case Document
100%Judiciary

CACV 289/2018

[2019] HKCA 529

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 289 OF 2018

(ON APPEAL FROM HCAL 606/2017)

______________

BETWEEN
NARINDER KUMAR Applicant
and
TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE Putative Respondent
and
DIRECTOR OF IMMIGRATION Putative Interested Party

______________

Before: Hon Lam VP, Kwan VP and Barma JA in Court
Dates of Written Submissions: 1 and 11 April 2019
Date of Judgment: 15 May 2019

___________________

JUDGMENT

___________________

Hon Lam VP (giving the Judgment of the Court):

1.The Court dismissed the appeal on 15 February 2019. By a notice of motion of 22 February 2019 (filed on 25 February 2019), the applicant sought leave to appeal to the Court of Final Appeal.

2.Written submissions on the application were lodged by the parties.

3.On 7 May 2019, the applicant wrote to the Court asking to withdraw his case with immediate effect as he would like to go back to India immediately due to his father passed away on 5 May 2019.

4.We have read the notice of motion and the submissions.  The grounds in the notice of motion do not meet the threshold in Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance Cap 484 for leave to be granted for an appeal to the Court of Final Appeal.  There is no question which is one by reason of its great general or public importance or otherwise that ought to be submitted to the Court of Final Appeal.

5.We dismiss the notice of motion accordingly.

 
 

(M H Lam) (Susan Kwan) (Aarif Barma)
Vice President
Vice President
Justice of Appeal

 

The applicant acting in person

Ms Patricia Lam, Government Counsel, of the Department of Justice, for the putative interested party

Other Judgments in This Case

Further hearings and rulings under CACV 289/2018