Subba Santosh v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Case No.HCAL 845/2020[2020] HKCFI 1579

Court

High Court CFI

Date17 Jul 2020

Judge—

Case Document

100%Judiciary

HCAL 845/2020

[2020] HKCFI 1579

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 845 of 2020

BETWEEN

	Subba Santosh	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.The applicant’s 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 applicant’s application for leave to apply for judicial review of the Decision dated 1 April 2020 of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board’s Decision”).

3.The applicant is a Nepalese national. He is an illegal immigrant. He applied to the Director of Immigration (“the Director”) for non-refoulement claim. The Director rejected his application.

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

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

6.The applicant filed Form 86 on 8 May 2020 for leave to apply for judicial review of the Board’s Decision.

7.The applicant filed an affirmation on 28 May 2020 with the Court seeking to withdraw his application.

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 17^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 Applicant on 17/7/2020 Subba Santosh 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 17/7/2020 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 1740/15/6/126/N191 & BOR 1150/18/6/4/N110 Director of Immigration (Putative Interested Party) Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)

Form CALL-1