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Bikram Singh v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Read the full judgment text of HCAL 940/2019 on BabelCite. This High Court CFI judgment was delivered on 28 November 2022.

1. The applicant is an illegal immigrant by staying in Hong Kong without permission of the Director of Immigration. He lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. He appealed to the Torture Claims Appeal Board (the “Board”) and, by the Board’s Decision, his appeal was dismissed by the Board.

Case No.HCAL 940/2019[2022] HKCFI 3532
Court
High Court CFI
Date28 Nov 2022
Judge—
Case Document
100%Judiciary

HCAL 940/2019

[2022] HKCFI 3532

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 940 OF 2019

BETWEEN    
Bikram Singh
 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 the documents only;  or
    consideration of the documents and oral submissions by the Applicant 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 is an illegal immigrant by staying in Hong Kong without permission of the Director of Immigration. He lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration. He appealed to the Torture Claims Appeal Board (the “Board”) and, by the Board’s Decision, his appeal was dismissed by the Board.

2.The applicant filed Form 86 on 8 April 2019 for application for leave to apply for judicial review of the Board’s Decision.

3.The Court has received a letter from the Immigration Department dated 1 September 2022, the applicant had been deported on 20 February 2021.

4.In accordance with section 37 ZF(1) of the Immigration Ordinance, Cap. 115, the applicant’s application is deemed to be withdrawn if he leaves Hong Kong.

5.The application is therefore dismissed.

Dated the 28th day of November 2022

  (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 28/11/2022

Bikram Singh

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 28/11/2022
 
Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 11659/18/5/244/IN2314

Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 538/18 (Formerly RBCZ 12144/15)
 
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)

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