Zormatai Abdul Raziq v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 439/2020[2021] HKCFI 585

Court

High Court CFI

Date10 Mar 2021

Judge—

Case Document

100%Judiciary

HCAL 439/2020

[2021] HKCFI 585

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 439 OF 2020

BETWEEN

	Zormatai Abdul Raziq	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 the documents only; or

consideration of the documents and oral submissions by the Applicant in open court.

Order by Deputy High Court Judge K.W. Lung:

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 (“the Board”) as proposed respondent and the Director or Immigration (“the Director”) as the interested party.

2.This is the applicant’s application for leave to apply for judicial review of the Board’s Decision dated 15 January 2020 (“the Board’s Decision”).

3.The applicant is an Afghan national. He is an illegal immigrant. He applied to 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 affirmed the Director’s decision.

6.The applicant filed Form 86 on 17 March 2020 for leave to apply for judicial review of the Board’s Decision.

7.The applicant filed an affirmation on 22 February 2021 with the Court seeking to cancel his application as he wanted to withdraw his judicial review as soon as possible. He did not state the reasons for him to do so in his affirmation.

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 10^th day of March 2021

	(M. O. WONG)(Ms)
	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 10 March 2021 Zormatai Abdul Raziq 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 10 March 2021 Torture Claims Appeal Board/ Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 6768/17/4/44/AFG17 Director of Immigration Putative Interested Party’s ref. no.: RBCL 456/15 Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1