Ali Majid v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Case No.HCAL 2389/2018[2020] HKCFI 765

Court

High Court CFI

Date12 May 2020

Judge—

Case Document

100%Judiciary

HCAL 2389/2018

[2020] HKCFI 765

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2389 of 2018

BETWEEN

	Ali Majid	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 Applicant being absent 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 24 October 2018 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (the “Board’s Decision”).

2.Pursuant to Order 20, rule 8 and Order 53, rule 3(6) of the Rules of the High Court, Form 86 was amended by deleting the applicant and replacing him with the Director of Immigration (“the Director”) as interested party.

3.The applicant is a Pakistani national. He first came to Hong Kong on 21 July 2006 illegally and was arrested. He made a torture claim with the Immigration Department on 13 August 2008. He subsequently withdrew his application and was repatriated on 26 July 2014. He sneaked into Hong Kong again by boat illegally on 28 January 2016. On 1 February 2016 he surrendered himself to the Immigration Department and made his non-refoulement claim on 2 June 2017.

4.The Director rejected his claim and he appealed to the Board. The Board refused his appeal.

5.The applicant filed Form 86 on 29 October 2018 for leave to apply for judicial review of the Board’s Decision. The Court has fixed a hearing date for his application, which is 27 December 2019. On the hearing date, the applicant was absent. I proceed to consider his application on paper.

6.By an affirmation dated 3 December 2019, the applicant applied to withdraw his claim, saying that he wanted to close his case because in his country his problem had been solved already. He wanted to go back to his own country.

7.The Court by letter dated 17 December 2019 advised him that he had to confirm in writing that he agreed that the Court would deal his application on paper and his application be dismissed. He has not replied to this letter.

8.In the circumstances, it is clear that the applicant has no intention of proceeding with his application.

CONCLUSION

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

Dated the 12^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 12/5/2020 Ali Majid 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 12/5/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 8971/17/10/301/P1759 Director of Immigration Putative Interested Party’s ref. no.: ImmD/CR T/C 1971/17 (formerly RBCZ 11102/17) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1