Kamalpreet Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 687/2020[2025] HKCFI 2879

Court

High Court CFI

Date07 Jul 2025

Judge—

Case Document

100%

HCAL 687/2020

[2025] HKCFI 2879

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 687 of 2020

BETWEEN
	Kamalpreet Singh	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 the documents only; or

consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims) Lewis Law made on 30 June 2025:

1.  Leave to withdraw the application for leave to apply for judicial review be granted;

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

3.  No order as to costs.

Observations for the Applicant:

1.By a Form 86 filed on 17 April 2020 (“Form 86”), the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“TCAB”) made on 3 April 2020 (“the TCAB Decision”).

2.The Form 86 identified the TCAB both as a respondent and as an interested party. The TCAB Decision was made pursuant to a petition/appeal from a decision of the Director of Immigration dated 23 November 2017 (“Director’s Decision”). I amended the Form 86 on my own motion to name the TCAB as the only putative respondent and the Director of Immigration as a putative interested party.

3.The Applicant appeared before me at an oral hearing of this leave application.

4.At the oral hearing, the Applicant told me that he wanted to withdraw this leave application because he had obtained a dependency visa to live in Hong Kong. I was satisfied the application to withdraw was made out of the Applicant’s own volition and free will.

5.I therefore acceded to the Applicant’s request to withdraw this leave application without adjudicating on its merits. As there was nothing outstanding, and the action should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19. I made no order as to costs.

Dated the 7^th day of July 2025

(Cheung Ho Yat, Annson)
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 7 July 2025 Kamalpreet Singh 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 7 July 2025 Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 9403/17/12/70/IN1775 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 2625/17 (formerly RBCZ 11622/15) 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

[2022] HKCA 471 · Court of Appeal

01 Apr 2022

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