Case Document

100%Judiciary

HCAL 1335/2019

[2020] HKCFI 1455

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1335 of 2019

BETWEEN

	Gurvinder Singh	1^st Applicant
	Shanmeet-Kaur alias Shanmeet Kaur alias Kaur Shanmeet	2^nd 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 Applicants:

1.The applicants’ Form 86 is amended to have the Torture Claims Appeal Board as proposed respondent and the Director or Immigration as interested party.

2.This is the applicants’ application for leave to apply for judicial review of the Decision dated 27 September 2018 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board’s Decision”).

3.The applicants are Indian nationals. They are illegal immigrants. They applied to the Director for non-refoulement claim. The Director rejected their application.

4.The applicants appealed to the Board against the Director’s Decision.

5.By the Board’s Decision, the Board rejected their appeal and confirmed the Director’s Decision.

6.The applicants filed Form 86 on 17 May 2019 for leave to apply for judicial review of the Board’s Decision.

7.However, the 1^st applicant sent a letter dated 6 May 2020 to the Court seeking to withdraw their application because they wanted to go back to attend his sick mother.

8.It is clear that the applicants have no intention of proceeding with their application. As such, their application should be dismissed.

9.Accordingly, I accede to the 1^st applicant’s request and dismiss their application.

Dated the 6^th day of July 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 Applicants on 6/7/2020 Gurvinder Singh (1^st Applicant) Shanmeet-Kaur alias Shanmeet Kaur alias Kaur Shanmeet (2^nd Applicant) Applicants’ 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 6/7/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 8785/17/10/115/IN1658; USM 8786/17/10/116/IN1659; and USM 8787/17/10/117/IN1660 Director of Immigration (Putative Interested Party) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Gurvinder Singh and Another v. Torture Claims Appeal Board

HCAL 1335/2019

High Court CFI12 Jul 2023

Other Judgments in This Case

Further hearings and rulings under HCAL 1335/2019

Re Gurvinder Singh and Another

High Court CFI14 Sep 2020

Gurvinder Singh and Another v. Torture Claims Appeal Board

High Court CFI12 Jul 2023

Balwant-kaur Alias Balwant Kaur Alias Kaur Balwant v. Torture Claims Appeal Board

High Court CFI12 Jul 2023

Gurvinder Singh and Another v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office