Case Document

100%Judiciary

HCAL 1771/2018

[2021] HKCFI 607

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1771 of 2018

BETWEEN

	Alam Mohammad Mahtab	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 an Indian national. He is an illegal immigrant. He applied to the Director for non-refoulement claim. By Decisions respectively dated 8 July 2015 and 30 June 2017 (“the Director’s Decisions”), the Director rejected his application.

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

3.By the Board’s Decisions respectively dated 5 May 2017 and 10 August 2018 (“the Board’s Decisions”), the Board rejected his appeal and confirmed the Director’s Decisions.

4.The applicant filed Form 86 on 28 August 2018 for leave to apply for judicial review of the Board’s Decisions (“his application”).

5.By Form Call-1 dated 15 May 2020 (“the Court’s decision”), this Court rejected his application.

6.By summons dated 5 June 2020, the applicant applied for extension of time to appeal the Court’s decision.

7.The applicant filed an affirmation on 19 February 2021 with the Court seeking to withdraw his application, stating that his problem in his own country had been solved.

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 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 Alam Mohammad Mahtab 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 1925/15/7/109/IN404 & BOR 831/17/7/21/IN219 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 836/15 & RBCZ 9001898/17 (formerly RBCZ 244/15) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cited by 1 case

Other judgments that cite this case

Alam Mohammad Mahtab v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

High Court CFI15 May 2020

Other Judgments in This Case

Further hearings and rulings under HCAL 1771/2018

Alam Mohammad Mahtab v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

High Court CFI15 May 2020

Alam Mohammad Mahtab v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office