Hoshan Mohammad Alamgir v. Director of Immigration

Case No.HCAL 1128/2022[2023] HKCFI 185

Court

High Court CFI

Date19 Jan 2023

Judge—

Case Document

100%Judiciary

HCAL 1128/2022

[2023] HKCFI 185

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1128 of 2022

BETWEEN
	Hoshan Mohammad Alamgir	Applicant
	and
	Director of Immigration	Putative
		Respondent

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 oral submissions by the Applicant in open court;

Order by Deputy High Court Judge K.W. Lung:

The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

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. He had taken his case to the High Court and the Court of Final Appeal. All his applications were dismissed. He then made a subsequent claim with the Director. By Notice of Decision dated 17 June 2021 (“the Director’s Decision”), the Director rejected his application for subsequent claim.

2.The applicant filed Form 86 on 24 October 2022 for application for leave to apply for judicial review of the Director’s Decision. The Court had fixed the hearing date on 23 November 2022 on his application for judicial review and whether restrictive proceedings order should be imposed on the applicant.

3.Before the Court, the applicant applied to withdraw his application because he wants to go back to his country as his problems have been solved.

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.The application is therefore dismissed.

Dated the 19^th day of January 2023.

(C.S. FUNG (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 19 January 2023 Hoshan Mohammad Alamgir 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 19 January 2023 Director of Immigration Putative Respondent’s ref. no.: L/M (20763) in ImmD RA 7/37/C (formerly RBCZ 3000162/14) 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