Re Anwar Noman
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HCAL 260/2019 [2022] HKCFI 3587 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 260 OF 2019 _____________
_____________ Before: Deputy High Court Judge K.W. Lung in Chambers Date of Decision: 15 December 2022 ____________________ D E C I S I O N ____________________ The application 1.The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision. 2.Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 on 28 January 2019 to apply for leave to apply for judicial review of the Board’s Decision. 3.By affirmation filed on 19 October 2021, the applicant applied to the Court to withdraw his application, saying that his conflict in Pakistan has been resolved and he is hoping to return to Pakistan. 4.The Court of Appeal in AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015:
5.As the applicant has no problem in his country, the Court should refuse to grant him the remedy and the applicant’s application should be dismissed. 6.By Order dated 25 November 2021 (“the Court’s decision”), the Court acceded to his request and dismissed his application. 7.The applicant filed a summons and an affirmation on 4 November 2022 for leave to appeal against the Court’s decision out of time. Discussion 8.Pursuant to Order 32, rule 11 and 11A of the RHC, having considered the applicant’s reason, I decide to determine this application without an oral hearing. 9.The Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19 held:
10.Since it was the applicant’s application to withdraw his application and the Court acceded to his request, there is nothing that the applicant can appeal against. 11.The application is therefore dismissed.
The applicant was unrepresented. |
Cases cited in this judgment
Zamora Airene Galeon v. Torture Claims Appeal Board
Melati Ayu Aryati v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Pham Van Phong v. Torture Claims Appeal Board
Ali Abid v. Torture Claims Appeal Board
Nguyen Thi Bich Van v. Torture Claims Appeal Board
Siti Munawaroh v. Torture Claims Appeal Board
Singh Ravinder v. Torture Claims Appeal Board
Juwita Sari v. Torture Claims Appeal Board
Nurlaelah Sari v. Torture Claims Appeal Board
Sulanjari Siti v. Torture Claims Appeal Board
Alam Monjour v. Torture Claims Appeal Board
Ghafoor Muhammad v. Torture Claims Appeal Board
Mac Thi Huong v. Torture Claims Appeal Board
Dam Xuan Viet v. Torture Claims Appeal Board
Shahzad Ahmed v. Torture Claims Appeal Board
Coma Amilyn Gamiao v. Torture Claims Appeal Board
Nurhidayah v. Torture Claims Appeal Board
De Silva Hathaweera Chithrangani v. Torture Claims Appeal Board
Tran Thi Phan Diep v. Torture Claims Appeal Board
Sari Rika Purnama v. Torture Claims Appeal Board
Other judgments that cite this case
Further hearings and rulings under HCAL 260/2019