Re Bui Van Tuyen

HCAL 953/2019

[2022] HKCFI 3466

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 953 OF 2019

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

Date of Decision:  1 December 2022

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D E C I S I O N

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1.The applicant is an illegal immigrant by overstaying. He lodged non-refoulement claim with the Immigration Department and was rejected by the Director of Immigration (“the Director”). 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 12 April 2019 for application for leave to apply for judicial review of the Board’s Decision.

3.The applicant sent a letter dated on 4 July 2022, saying that he is willing to withdraw his application because all his problems in Vietnam had been solved and he wants to return to his country as soon as possible.

4.In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

5.By Form CALL-1 dated 10 August 2022 (“the Court’s Order”), the applicant’s application was therefore dismissed.

6.By summons dated 1 November 2022, the applicant asked for extension of time to appeal the Court’s Order. Since his application had been dismissed, the Court has no jurisdiction to entertain his application, which is hereby dismissed.

The applicant was unrepresented.