Shaik Abdul Arshad v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Case No.HCAL 2375/2020[2021] HKCFI 858

Court

High Court CFI

Date07 Apr 2021

Judge—

Case Document

100%Judiciary

HCAL 2375/2020

[2021] HKCFI 858

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2375 of 2020

BETWEEN

	Shaik Abdul Arshad	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 filed Form 86 dated 3 December 2020 for application for leave to apply for judicial review of the Decision dated 2 March 2018 of the Torture Claims Appeal Board (“the Board”)

2.By letters dated 2 March 2021 and 8 March 2021, the applicant applied to this Court to withdraw/cancel his judicial review application. In his affirmation, he said that he wanted to go back to his family because his mother is ill and will undergo heart surgery, and his problem is solved. He will be safe to go back to his country.

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

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

Dated the 7^th day of April 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 7 April 2021 Shaik Abdul Arshad 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 7 April 2021 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 4580/16/8/299/IN1008 Director of Immigration Putative Interested Party’s ref. no.: RBCL/2938/2014; INCL/2938/2014 Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1