Bikramjeet Singh v. Torture Claims Appeal Board and Another

Case No.HCAL 2665/2018[2021] HKCFI 583

Court

High Court CFI

Date05 Mar 2021

Judge—

Case Document

100%Judiciary

HCAL 2665/2018

[2021] HKCFI 583

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2665 of 2018

BETWEEN

	Bikramjeet Singh	Applicant
	and
	Torture Claims Appeal Board	1^st Putative Respondent
	Director of Immigration	2^nd Putative Respondent

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

consideration of the documents only; or

consideration of the documents and oral submissions by (counsel for) the Applicant in open court / the Applicant being absent in open court;

Order by Deputy High Court Judge Bruno Chan:

The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

1.The Applicant was a national of India who had raised a non-refoulement claim with the Immigration Department, and after it had been rejected and his subsequent appeal to the Torture Claims Appeal Board (“the Board”) also dismissed, he then filed a Form 86 on 23 November 2018 for leave to apply for judicial review of both of their decisions.

2.However, before his application could be dealt with by the court, on 4 December 2018 the Applicant passed away due to a drug overdose according to a copy of his Death Certificate dated 1 April 2019 furnished by the Department of Justice on behalf of the Immigration Department. Accordingly his leave application is dismissed.

Dated the 5^th day of March 2021.

(TAM Kam-man)
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 his 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 5^th March 2021 Bikramjeet Singh 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 5^th March 2021 Torture Claims Appeal Board 1^st Putative Respondent’s ref. no.: USM 9693/17/12/360/IN1822 Director of Immigration 2^nd Putative Respondent’s ref. no.: Nil. Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1