Case Document

100%Judiciary

HCAL 2873/2018

[2020] HKCFI 1115

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2873 of 2018

BETWEEN

	Muhammad Razzaq	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 29 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 RHC, Form 86 was amended by replacing the Director of Immigration (the “Director”) with the Board as proposed respondent and replacing the Board with the Director as interested party.

3.The applicant is a Pakistani national. He is an illegal immigrant and he applied to the Director for non-refoulment claim. The Director rejected his claim.

4.The applicant appealed to the Board against the Director’s decision.

5.By the Board’s Decision, the Board rejected his appeal.

6.The applicant filed Form 86 on 14 December 2018 for leave to apply for judicial review of the Board’s Decision.

7.However, by letter dated 21 April 2020, the applicant sought to withdraw his application because he wanted to close his case and return to his own country.

8.It is clear that the applicant has no intention of proceeding with his application. As such, his application should be dismissed.

9.Accordingly, I accede to the applicant’s request and dismiss his application.

Dated the 11^th day of June2020

	(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 11/6/2020 Muhammad Razzaq 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 11/6/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 5734/17/1/18/P1270 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 659/08(formerly RBCZ 329/08) 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 Muhammad Razzaq

HCAL 2873/2018

High Court CFI16 Dec 2021

Other Judgments in This Case

Further hearings and rulings under HCAL 2873/2018

Re Muhammad Razzaq

High Court CFI16 Dec 2021

Muhammad Razzaq v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office