Miah Mohammad Pakhi v. Director of Immigration

Case No.HCAL 1100/2021[2021] HKCFI 2525

Court

High Court CFI

Date31 Aug 2021

Judge—

Case Document

100%Judiciary

HCAL 1100/2021

[2021] HKCFI 2525

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1100 of 2021

BETWEEN

	Miah Mohammad Pakhi	Applicant
	and
	Director of Immigration	Putative Respondent

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:

THE APPLICATION

1.The applicant filed Form 86 on 5 August 2021 for application for leave to apply for judicial review of the Decision of the Director of Immigration dated 28 July 2021 refusing his subsequent claim of his original claim in HCAL 70 of 2018.

2.By affirmation dated 23 August 2021, the applicant applied to the Court that he wanted to withdraw his application for judicial review for the reason that he wanted to go back to his own country as it is safe for him now.

3.It is clear that the applicant has no intention of proceeding with his application. The Court of Appeal in AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015 said:

“67. It is well established that the court may exercise discretion not to grant a remedy on judicial review if it would serve no practical purpose, where it may have become otiose or pointless to grant a remedy because the relevant detriment to the applicant has been removed (De Smith’s Judicial Review (7th ed) at §§18-054 to 18-056; Judicial Review by Supperstone, Goudie and Walker (5th ed) at §18.18.1)….”

4.As such, his application should be dismissed.

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

Dated the 31^st day of August 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 31 August 2021 Miah Mohammad Pakhi 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 31 August 2021 Director of Immigration Putative Respondent’s ref. no.: L/M (21577) in ImmD RA 7/37/C (formerly RBCZ/2509/14 & RBCZ/3001770/14) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 2 cases

Cases cited in this judgment

Miah Mohammad Pakhi v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 70/2018

High Court CFI21 Sep 2018

Aw v. Director of Immigration and Another