Hossain Delowar v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

Case No.HCAL 812/2019[2022] HKCFI 3740

Court

High Court CFI

Date21 Dec 2022

Judge—

Case Document

100%Judiciary

HCAL 812/2019

[2022] HKCFI 3740

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 812 of 2019

BETWEEN
	Hossain Delowar	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 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:

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 25 March 2019 for application for leave to apply for judicial review of the Board’s Decision.

3.The applicant filed an affirmation on 15 November 2019 stating that he wanted to withdraw his application and asked the Court to stop processing his application.

4.By letter dated 21 November 2019, the Court asked the applicant to confirm his application and that he agreed to the proposal that the Court should deal with his application by way of dismissal of his application for leave for judicial review of the Board’s Decision. Since then, he had not replied to the Court’s letter. Nor did he retract his application for withdrawal of his application to withdraw.

5.In the circumstances, the Court will deal with his application, relying upon his application for withdrawing his application for leave for judicial review of the Board’s Decision.

6.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.”

7.The application is therefore dismissed.

Dated the 21^st day of December 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 12/12/2022 Hossain Delowar 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 12/12/2022 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 11347/18/4/357/B1222 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 991/18 (Formerly RBCZ 10699/16)(T5S98) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Manik Md Mahamudun Nabi