Hossain Mozammel v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Case No.HCAL 670/2019[2021] HKCFI 611

Court

High Court CFI

Date12 Mar 2021

Judge—

Case Document

100%Judiciary

HCAL 670/2019

[2021] HKCFI 611

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 670 of 2019

BETWEEN

	Hossain Mozammel	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 Applicant being absent 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 is a Bangladeshi national. He is an illegal immigrant. He applied to the Director for non-refoulement claim. By Decision dated 26 March 2018 (“the Director’s Decision”), the Director rejected his application.

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

3.By the Board’s Decision dated 4 March 2019 (“the Board’s Decision”), the Board rejected his appeal and confirmed the Director’s decision.

4.The applicant filed Form 86 on 11 March 2019 for leave to apply for judicial review of the Board’s Decision (“his application”).

5.The applicant filed an affirmation on 5 February 2021 with the Court seeking to withdraw his application as his problems in Bangladesh had been solved and his wife is ill in hospital.

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

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

Dated the 12^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 12 March 2021 Hossain Mozammel 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 12 March 2021 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 10971/18/3/423/B1195 Director of Immigration Putative Interested Party’s ref. no.: Q/A TC 296/18 (Formerly RBCZ 10092/15)(T3S112) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1