Bui Ngoc Lam v. Director of Immigration

HCAL 1348/2020

[2023] HKCFI 3369

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1348 OF 2020

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BETWEEN

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D E C I S I O N

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1.On 31 October 2023 I granted leave to the Applicant to apply for judicial review of the decision of the Director of Immigration (“Director”) in refusing to allow him to make a subsequent claim, rejecting/dismissing his non-refoulement claim, and directed that he shall file and issue the originating summons within 14 days, and to serve a copy thereof on the Director as respondent.

2.The Applicant however did not do so, and instead on 6 December 2023 requested to withdraw his application as his problem in his home country has since been resolved and that he wanted to return to Vietnam.

3.The Director also confirmed that the Applicant was scheduled to take a repatriation flight back to Vietnam on 6 December 2023.

4.On 8 December 2023 the Director confirmed in writing that the Applicant was indeed repatriated to Vietnam as scheduled on 6 December 2023.

5.In the circumstances, and in accordance with Section 37ZF (1) of the Immigration Ordinance, Cap.115 which stipulates that once a claimant has left Hong Kong that his non-refoulement claim must be treated as withdrawn, I therefore dismiss the Applicant’s application.