Imran Muhammad v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 810/2019[2022] HKCFI 3834

Court

High Court CFI

Date30 Dec 2022

Judge—

Case Document

100%Judiciary

HCAL 810/2019

[2022] HKCFI 3834

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 810 of 2019

BETWEEN
	Imran Muhammad	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 13 August 2019 stating that he wanted to “cancel my appeal because my problem is solved in my country. I want to go back my country.”

4.The matter was held up in abeyance since then.

5.By letter dated 28 November 2022, the Court asked the applicant to confirm whether he still wishes to withdraw his application or his application will be dealt with by way of a hearing of on paper.

6.The applicant lodged a letter undated, which was received by the court on 6 December 2022, in which he said “I want to withdraw my case because I have Hong Kong id card now so I want withdraw my case.”

7.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.”

8.The application is therefore dismissed.

Dated the 30^th 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 30/12/2022 Imran Muhammad 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 30/12/2022 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 11192/18/4/202/P2171 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 442/18 (Formerly RBCZ 12658/16)(T6S134) 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