Case Document

100%Judiciary

HCAL 405/2019

[2020] HKCFI 701

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 405 of 2019

BETWEEN

	Manik Md Mahamudun Nabi	Applicant
	and
	Torture Claims Appeal Board/ Non-refoulement Claims Petition Office	Putative Respondent
	and
	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;

	consideration of documents only; or
	consideration of documents and oral submission by the Applicant in open court;

Order by Deputy High Court Judge K.W. Lung:

Application for leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

1.This is the applicant’s application for leave to apply for judicial review of the Decision dated 16 January 2019 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (the “Board’s Decision”).

2.The applicant is a Bangladeshi national. He came to Hong Kong as a visitor, but he overstayed. On 17 September 2015, he lodged his non-refoulement claim, which was rejected by the Director of Immigration on 2 May 2018.

3.He appealed to the Board. The Board refused his appeal.

4.The applicant filed Form 86 on 13 February 2019 for leave to apply for judicial review of the Board’s Decision. The Court has not yet fixed a hearing date for his application.

5.By Affirmation dated 17 March 2020, the applicant applied, on an urgent basis, to withdraw his application for the reason that he wanted to go back to his own country to receive a heart operation.

6.In the circumstances, it is clear that the applicant has no intention of proceeding with his application, which should be dismissed.

CONCLUSION

7.Accordingly, I accede to his request and dismiss his application.

Dated the 7^th day of May 2020

	(Mike Mak)
	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:
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)).		Sent to the Applicant on 7/5/2020 Manik Md Mahamudun Nabi Applicant’s ref. no: Nil.		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 11618/18/5/203/B1254 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1084/18 (formerly RBCZ13502/15) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi

HCAL 405/2019

High Court CFI11 Aug 2021

Cited by 1 case

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Re Manik Md Mahamudun Nabi

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Full analysis

01 Apr 2022

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Further hearings and rulings under HCAL 405/2019

Re Manik Md Mahamudun Nabi

High Court CFI11 Aug 2021

Manik Md Mahamudun Nabi v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office