Thakur Prasad Adhikari v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Case No.HCAL 993/2019[2020] HKCFI 861

Court

High Court CFI

Date20 May 2020

Judge—

Case Document

100%Judiciary

HCAL 993/2019

[2020] HKCFI 861

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 993 of 2019

BETWEEN

	Thakur Prasad Adhikari	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 25 March 2019 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 Director of Immigration (“the Director”) as proposed respondent and deleting the Board as interested party.

3.The applicant is a Nepalese national. He snuck in Hong Kong into 16 May 2009 and was arrested by police on 20 May 2009 for illegally remaining in Hong Kong. He was referred to the Immigration Department.

4.On 29 May 2009, he lodged a torture claim with the Director. He had also applied for refugee status with the United Nations High Commissioner for Refugees in 2009, but that application was dismissed.

5.By letter dated 3 October 2012, he applied to withdraw his torture claim. On 8 October 2012, the Director informed him that no further action would be taken on his claim. In the meantime, he was charged with offences and sentenced to imprisonment.

6.By letter dated 27 April 2018, he requested his torture claim to be re-opened. The Director acceded to his request.

7.By Notice of Decision dated 28 June 2018, the Director rejected his non-refoulement claims.

8.He appealed to the Board. By the Board’s Decision, the Board refused his appeal.

9.The applicant filed Form 86 on 11 April 2019 for leave to apply for judicial review of the Board’s Decision.

10.By letter dated 27 January 2020, the applicant applied to withdraw his application for the reason that he wanted to go back to his own country as he had no problem in his own country and that his brother had been admitted in hospital and he wanted to go back to look after him.

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

CONCLUSION

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

Dated the 20^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 20/5/2020 Thakur Prasad Adhikari 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 20/5/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 12394/18/7/144/N485 Director of Immigration (Putative Interested Party) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

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