Re Khan Najam

HCAL 1913/2020

[2021] HKCFI 2973

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO  1913 OF 2020

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Before: Deputy High Court Judge K.W. Lung in Chambers

Date of Decision: 15 October 2021

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D E C I S I O N

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The application

1.This is the applicant’s application for extension of time for appeal.  His application is considered with the following background.

2.The applicant filed Form 86 on 24 September 2020 for application for leave to apply for judicial review of the Decision of the Torture Claims Appeal Board.

3.By affirmation dated 3 August 2021, the applicant applied to the Court that he wanted to withdraw his application for judicial review for the reason that his problem had been solved and he wanted to return home.

4.The Court of Appeal in AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015 held that if the applicant’s application serves no practical purpose, the application should not be granted.  As such, the Court had, by its Order dated 18 August 2021, dismissed his application for leave to apply for judicial review of the Board’s Decision.

5.Upon the dismissal of his application, the Court becomes functus officio.  The Court has no further jurisdiction over the matter.

6.The application is therefore dismissed.

The applicant was unrepresented